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HomeMy WebLinkAbout750508.tiff • RESOLUTION WHEREAS, pursuant to law, the Board of County Commissioners, Weld County, Colorado, is vested with the responsibility of administering the affairs of Weld County, Colorado, and WHEREAS, the Board has determined that it would be in the best interests of the County to continue to participate in the implementation of "701" PLANNING PROGRAM in Weld County, Colorado, and WHEREAS, the Larimer-Weld Council of Governments has submitted an agreement providing for complete performance by Weld County pursuant to the terms and conditions as set out in said AGREEMENT, and WHEREAS, the Board believes it to be in the best interests of the County to accept said AGREEMENT in accordance with all of the conditions and stipulations contained therein. NOW, THEREFORE, BE IT RESOLVED, by the Board of County Com- missioners, Weld County, Colorado, that said CONTRACT providing for the complete implementation of the "701" PLANNING PROGRAM in Weld County for the fiscal year 1975-1976, copy of which is attached hereto and made a part hereof by reference, be , and it hereby, is approved. BE IT FURTHER RESOLVED, that the Board be, and it hereby is authorized to execute the agreement as submitted and to make the same effective forthwith. The above and foregoing Resolution was, on motion duly male and seconded, adopted by the following vote on the 19th day of November, A. D, , 1975. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO art— ''01)&ce;r SctrtfWV— A TTESTe�1. Weld County Clerk and Recorder a Clerk to the Board By/ Deputy Count erk 4P .O D AS ORM: ounty Attorney 750508 i/''4vr / / ,f6rr,,/,1/4,9 — /3t J c�� . / f) CONTRACT THIS CONTRACT, made this 19th day of November , 1975, 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 by the Contractor and the State require services to be performed by the above named, Subcontractor, and WHEREAS, the above named Subcontractor is ready to perform its duties described in the contract between the Contractor and the State; and WHEREAS, it is necessary that the duties and responsibilities of the above named Subcontractor be set forth herein; 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 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 C850065, GL Account Number 56087, covering Project Number CPA-CO-08-00-0145, 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 2. 2 . 2A and 3. 2B of "Scope of Service" 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, 1976. 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 Sub- contractor, and in no case shall the total compensation exceed Eleven Thousand Four Hundred Fifty-Three and No/100 Dollars ($11,453. 00 ) 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 instru- ment. 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 by Subcontractor will be under the direct supervision of: Gary Fortner, Planning Director, Weld County Planning Department 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 Sub- contractor 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 Sub- contractor' s duties as compared to the entire project require- ments. 11. Changes. The Subcontractor agrees . to perform any changes required by the State of Colorado pursuant to the re- quirements 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 -2- ,T 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. The Subcontractor will in all solicitations or advertise- ments 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 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 Sub- contractor 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) -3- r � • 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 Sec'ioh 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 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 Sub- contractor 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 the signatures hereto are duly authorized to execute this on behalf of the parties. Contractor, LARIMER-WELD Subcontractor, REGIONAL COUNCIL OF GOVERNMENTS Weld County, Colorado D.I.tl2 11 /14, By 4(t ,��-t%] G r lenn K. Billi gs Chairman, Larimer-Weld Regional Position Chairman Council of Governments APPROVED AS TO FORM: ose Hiltrfetlewell Legal Counsel Larimer-Weld Regional Council of Governments • ♦. -4- '; II I N' I12 ill ii\:i} 1F \I ()A;.� .,f {: .r • ,120000 / \ CONTI 13,01y'INGaUSMR ER CONTRACT THIS CONTRACT, made this 1 st day of August 1975, by and 'ueiween the State of Colorado for the use and benefit of the Department of Local Affairs, Division of PLANNING, hereinafter referred to as the State, and the Larimer—Weld Reoional Council of Governments, 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 av ' ble f p ayment in Fund Number 1001 G/L Account Number 56087 , Contract Encumbrance Number and WHEREAS, 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-08-00-0145; 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. 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 - State of 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 , 19 76 4. Compensation. The State agrees to reimburse the Contractor two thirds (2/3) of all eligible project costs up to but not • exceeding Forty-four Thousand Nine Hundred and Six Dollars ($44,906.00 ). Such compensation shall be the Federal Government's share of a total project amount of Seventy Thousand three Hundred Eighty - - Dollars ($70,380.00 ), including _Twenty-five Thousand Four Hundred Seventy-four Dollars ($ 25,474.00 ), as a contribution from the Contractor. It is further understood Page 1 of 5 pages *(See instructions on reverse of last page.) and agreed by the above parties, that should the Department of Housing 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. 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 Four Thousand Four Hundred and Ninety-one - - Dollars ($4,491 .00 ), which is ten percent (10%) of the total reimbursement, shall be payable at the termination and final approval of the Project No. P-145 by the Department of Housing and Urban Development and transmittal of funds by said Department. It is expressly understood and agreed that in no event will the total compensation and reimbursement, if any to be paid hereunder, exceed the maximum amount of Forty-four Thousand Nine Hundred and Six Dollars ($ 44,906.09 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- ments, 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 d duo State from— •=y�-�+ tho � the vVnlf'a...lV(' is UClCrfnlf7eo. Page 2 of 5 pages 1O. Termination for Convenience of State. The State may terminate this Contradt 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 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 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 v s it 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. Assignabii..y. The Contractor shall not a....sign any interest 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, director indirect, which would conflict in any manner of degree with the performance of services required to be performed under this Contract. The Contractor further cover-ants 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 or a title page, (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. 2O. Audits and Inspections. A t 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. • • Page 4 of 5 pages Sf'LCAAL i'RUVIS:C NS CONTROLLER'S APPROVAL I. This contract shall not be 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 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 0. • :sumed 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 r2quires 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 8-16-101, CRS 1973, as amended. DISCRIMINATION 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). 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 18-8401, 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 first above written. LARIM ER-WE LD REGIONAL STATE OF COLORADO COUNCIL-OF GOVERNMENTS RICIIARDDtt�i GOVERNOR Contractor i./rir=/'Y,, I4' r f. 1 y .5EXECUTIY/E`'DIRECTOR, Position Chairman DEPARTMENT//OF LOCAL AFFAIRS APPROVALS J. D. MacF ANE ATTORNEY CONTROLLER—}J 1c1J Y--S. yy f 1� I L�lol) By By C%S. /j-r ,. Ass; to Solicitor .nernge 5 which is the last of 5 pages Ge r .l Legal .rrviccs 'see instructions on reverse side. WORK ITEM DESCRIP 1 ,ON 1 .2.5 Affirmative Action Program Continue development and implementation of the Affirmative Action Program initiated in the 1974-75 work program, addressing the requirements for affirmative action in four areas: Citizen involvement, the work program, equal employment opportunity, and contractual relations. Reports on the development, implementation, and degree of success achieved in this program will be included in each quarterly report and as a part of the final report required under this contract. No Federal funds involved. 2.2.2 Housing A . Weld County The objective of the 1974-75 housing element was to design and create a computerized, continuously updated housing inventory of the Greeley area. The project, to be performed over the 1975-76 fiscal year, will expand the previous year's methodology and design to include all of Weld County. Specifically, the study will concentrate on the com- pletion of keypunching, software documentation and the housing analysis for Weld County. The primary goal of the 1975-76 Fiscal Year will be to provide an analysis of housing in the Weld County area. An additional goal will be to provide documentation of all software, including keypunching inspections and user's manuals, which were utilized in order to accomplish the analysis. In accomplishing these goals, the following objectives will be pursued: 1 . Indicate the number of dilapidated, rehabitable and standard housing units by census tracts in Weld County. 2. Utilize HUD's Section 8 Income Levels to determine the total number of persons eligible for Section 8 housing assistance in Weld. County. 3. Establish realistic housing objectives for Section 8 housing, as well as other state and federally assisted housing programs.. 4. Identify those areas where assisted housing might best be located in order to meet identified needs. The above four objectives are aimed at meeting the guidelines set forth by the Department of Housing and Urban Development in order to meet the requirements of the Community Development Act as it relates to the development of a Housing Assistance Plan and anticipated housing assistance grants. • In order to accomplish these goals and objectives during 1975-76 fiscal year, six data files have been created and will be completed for Weld County. These include: 1 . STA-CO File - documents housing donditions in Weld County. 2. Real Property File - contains specific information from the Assessor's Appraisal Cards pertaining to housing characteristics on each parcel of land in Weld County. 3. Apartment File - document all the apartment conditions in Weld County. FXHIBIT A Page 1 of 9 pages / Department of Local Affairs - No. 320000 Contract Routing No_? _3 0 • ♦ • • WORK ITEM DESCRIPI . .N 4. Building Permit File - lists all the residential building permits issued in 1974 for each municipality_and all unincorporated areas in Weld County. 5. Census File - contains the first four counts of information from the 1970 Census. The locations of persons requiring housing _ assistance is obtained from this file. The total number of persons requiring housing assistance will be obtained from HUD's "Special Census Cross-Tabulation" . 6. Cross Index File - geographically corss-references all other files. Cost and Due Date Per Quarter: - • 9/30/75 - $3,507 3/31/76 - $3,507 12/31/75 - $3,507 6/30/76 - $3,508 Total $14,029 * *701 fund authorized to Weld Planning is $7,499. The local match will be $6,530, which exceeds the necessary match of $3,749. B. Larimer County The issue with respect to housing in Larimer County revolves around how much is needed for the various age and income categories, and where it should be located. A major goal is to provide all residents of Larimer County with a safe and decent place to live, irrespective of age, income, race, sex or ethnic origin. The general purpose of the housing elerrent of the Larimer County Comprehensive Plan is, therefore, to estimate present and future housing needs for all age/income groups, to decide where these newor rehabilitated units should be, and finally, to establish a program whereby the plan can be effectively implemented. The county housing plan will be developed to conform with the regulations set forth by the Department of Housing and Urban Development for the satisfactory completion of a housing element for localities (Federal Register, Vol. 39, No. 240, December 12, 1974, Paragraph 600.70(3)). Work will begin (and in some cases be completed) in the following items for Fiscal Year 1975-76: 1 . Computerize the county assessor's records so that the county will begin to have a more accurate, accessible, complete and up-to-date record of all housing units. 2. Obtain all necessary census information not now in the county's possession which is necessary to conduct a housing study. 3. Computerize the county building permit file so that the county can begin to have an accurate, complete and up-to-date picture of the new housing. The information contained in the building permit file will complement the information in the assessor's file. 4. Establish standards (in coordination with Weld County) regarding housing which is in standard, substandard; or deteriorating condition. Estimate the number of units in each category (and location). Also determine the numbebof vacancies (by sample survey) and the number of housing units which may be suitable for rehabilitation. EXHIBIT A Page 2 of 9 panes Department of Local Affairs - No. 320000 Contract Routing No.7' 30 ' WORK ITEM DESCRIPT._,N 5. Identify the various relevant income categories and the number of households in Larimer County in each. Special attention will be given to various population subgroups, such as the elderly, minority groups and the handicapped. As in the case of all the census- derived data for this'study, the geographic unit will be the census tract. 6. Using population projections, estimate the future number of house- holds that might live in Larimer County. This information will be derived through assistance from the Colorado Division of Planning. 7. Begin to estimate the number of those eligible for Section 8 - assistance and/or rehabilitation loans. Also begin to estimate those eligible for rent subsidy. Cost and due date per quarter: 9/30/75 $2,812 3/31/76 - $2,812 12/31/75 - $2,812 6/30/76 - $2,813 Total Cost $11 ,249 3.2 Technical Assistance / . Larimer County The County planning staff will assist the Towns of Wellington, Timnath and Berthoud in the development/update of their land use and housing plans (as well as make the data useful to the County/ Regional planning effort) by conducting studies of current land use and housing condition (including housing vacancies)within these municipalities. The updates of the land use and housing plans will be in conformance with the regulations set forth by the Departrrent of Housing and Urban Development regarding land use and housing elements for localities (Federal Register Vol. 39, No. 240, December 12, 1974, Paragraphs 600.70(3 and 600.72(d)). The end product will be a report (containing relevant maps) of existing land use and housing condition (and vacancies) within these three municipalities. Cost and due date per quarter: 9/30/75 - $ 620 3/31/76 - $ 620 12/31/75 - $ 620 6/30/76 - $ 621 Total Cost $2,481 B. Weld County - The major goals involved in this program would, for each municipality as appropriate: 1 . To continue the current technical assistance program to incor- porated municipalities in the County. 2. To continue the assistance provided to the municipalities adopting comprehensive plans. 3. To further assist the municipalities by providing the basic data necessary for planning and land use decisions. EXHIBIT A Page 3 of 9 pages Department of Local Affairs - No. 320000 Contract Routing No./ ' 3 v • • • WORK ITEM DESCRIP". iN Specific objectives to be accomplished during the 1975-76 Fiscal Year include: 1 . Completion of base maps at a scale of 1" = 200' for the followi ng incorporated municipalities: Frederick, Firestone, Kersey, Evans and Pierce. 2. Completion of land-use and structural conditions surveys and mapping for the following incorporated municipalities: Frederick (final drafting of completed survey); Firestone (final drafting of completed survey); Dacona (final drafting of completed survey); Evans (com- pletion of survey and final drafting); Kersey (completion of survey and final drafting); and Pierce (revise structural conditions survey to comply with coding system and final drafting). 3. Completion of Comprehensive Land-use Plan for the Town of LaSalle (based on analysis of "existing" data collected and mapped during the 1974-75 fiscal year). 4. Initiation of socio-demographic surveys for the following incor- porated municipalities: Frederick, Firestone and Dacona. Cost and due date per quarter: 9/30/75 - $1 ,542 3/31/76 - $1 ,543 12/31/75 - $1 ,543 6/30/76 - $1,543 Total Cost $6, 171 * *701 funds authorized to Weld Planning are $3,954. The local match will be $2,215, which exceeds the necessary one-third match of $1 ,977. 3.3 Local Assistance 3.3.1 Housing - City of Greeley A detailed inventory of the existing houses by type, quality and condition, in the high-density residential neighborhood adjacent to the University of Northern Colorado will be made. This study will encompass 90 to 100 blocks of R-3 property. This inventory became necessary since the neighborhood contains many conversions of single family residential to high density residential. The assessor's records do not reflect the change in this particular land use. The result of the study will be important in determining the need for housing assistance and code enforcement required in the area by the city. The detailed inventory will be the product of this work. Cost and due date per quarter: 9/30/75 - $ 375 3/31/76 - $ 375 12/30/75 - $ 375 6/30/76 - $ 375 Total Cost $1 ,500 EXHIBIT A Pang 4 of 9 pages r`�` Department of Local Affairs - No. 320000 Contract Routing No. 4 3 O V 4 y • WORK ITEM DESCRIP1 .N 3.3.2 Land Use - Town of Estes Park Preparation of an updated land value map and analysis based upon the recently completed assessment and market data. In addition, an evaluation of the impact of the reassessment upon land use in Estes Park will be made. 1 . Land Value Map - the land value map proposed is considered an important tool in planning and guiding future land use decisions in the Community, and may be described as a graphic representation of relative land values. Data for use in the study will include the most recent land reassessment data by the Larimer County Tax Assessor's office, real estate transaction records for the area, and data from local real estate appraisal actions. All data shall be translated to a unit cost basis, such as value per square foot or value per acre, and shall be then converted to a relative value index for cataloging purposes. Presentation of the data will be as a map, graphically coded to represent relative values, and including such lines or designation of limit as necessary to understand the data. The crap will be supplemented by explanatory text indicating the basis for its preparation, assumptions that it represents, and a technical basis for the map and its use. 2. Reassessment Impact- some limited study will be given to the anti- cipated impact of the major reassessment program in the community. It is anticipated that significant realignments in assessment may cause some land owners to examine their position and to market or acquire properties. Questions to be considered will be identification of properties so affected, their location, condition and character, prediction of anticipated actions, and the possible pressures for change inland use. The end result should be formulation of a policy to deal with such proposals, with emphasis on the avoidance of blight due to either abandoned or under-maintained properties and the development of strong policies to assure that the total impact of proposed changes in land use or occupancy may be conveniently and effectively evaluated. The end products of this work will be (1) an updated land value map and analysis based upon the recently completed assessment and (2) an evaluation of the impact of the reassessment upon land use. Cost and due date per quarter: 9/30/75 - $1 ,238 12/31/75 - $1 ,237 Total Cost $2,475 3.3.3 Land Use - City of Loveland A study will be performed which will provide for the updating of the City of Loveland Plan for Growth prepared in 1967. This plan will provide guidance for the accurate statement of land use policy by the City Council and the transfer of this policy into the City Zoning and Subdivision Regulations. The study will be accomplished by a consultant approved by the City Council in competition with at least tvvo other consulting firms. Work tasks for revising and developing the Plan will include, but not be limited to, the following: EXHIBIT A Pete 5 of 9 s Department of Local Affairs - No. 320000 Contract Routing No76 -J O ( .l : I lit . • V\/ORK ITEM DESCRIPT, ,J 1 . An approved consultant shall conduct a series of meetings with the planning commission and administrative staff of the City of Loveland, sufficient in number to identify the major problems of development faced by the City. The consultant shall further review existing and future information and studies, 'in order to identify trends, opportunities, constraints and other problems relevant to the development of a plan for the City's growth. 2. The consultant shall act in conjunction with relevant persons, agencies and bodies, as aforesaid, to develop and articulate objectives and goals for the development and growth of the City of Loveland, for the identifi- cation of conflicts and for the development of alternatives. 3. The consultant shall aid in the development of criteria and standards in order to maximize the effectiveness of the policies determined to be necessary as the basis for the plan, including identification of areas of concentration and development of measurable criteria standards._ 4. The consultant shall assist in the articulation and development of specific policies designed to meet the problems and opportunities related to the development of the City in a desirable manner. 5. the consultant shall participate in any public meetings at which proposed policies are to be considered. Said participation shall include any necessary public explanation of such policies. 6. The consultant shall direct the adoption of the formulated policies into the final master plan and supporting documents and shall participate in carrying the planning program through to the adoption of the master plan by the City Council of the City of Loveland and the Board of Commissioners of Larimer County, Colorado. 7. The consultant shall participate in identifying areas of future concern and effort with regard to the development of the City of Loveland, in order to fully implement and achieve the goals of the master plan. The consultant shall further participate in the identification of are of future effort necessary to achieve the goals of the master plan, including the evaluation of detailed neighborhood studies, of any proposed revision of the zoning code, of floodplain plans, and of any other relevant programs and studies. The consultant's activities in this regard shall include the suggestion of "'.planning priorities and the proposing of approaches best designed to achieve the goal of full comprehensive planning for the City's development. • The product will be an update of the City's Plan for Growth. Cost and due date per quarter: 9/30/75 - $ 619 3/31/76 - $ 619 12/31/75 - $ 619 6/30/76 - $ 618 Total Cost $2,475 3.3.4 Fort Collins 1 . Organization and Management The expenses associated with the category, generally, will provide . support activities and equipment necessary to provide an effective comprehensive planning process. EXHIBIT A Page 6 of 9 pages Department of Local Affairs - No. 320000 Contract Routing No?� ^3O • • :WORK ITEM DESCRIF JN The major share of these funds will be used to finance a secretary half-time to provide services for the citizen task forces. This would involve such things as typing reports, taking minutes at the meetings, notifying members of meeting times, etc. Cost and due date per quarter: 9/30/75 - $1 ,987 3/31/76 - $1 ,988 12/31/75 - $1 ,987 6/30/76 - $1 ,988 Total Cost $7,950 2. Staff Training This category will be utilized for activities and equipment necessary for the staff to make effective presentations, education of staff, and other administrative costs relative to the overall comprehensive planning effort. Cost and due date per quarter: 9/30/75 - $ — 3/31/76 - $ 525 12/:7:1/75 - $ — 6/30/76 - $ 535 Total Cost $1 ,050 3. Comprehensive Planning The City of Fort Collins is in the process of establishing a major citizen input effort into the comprehensive planning process which will be directed by the planning department. Three citizen advisory task forces are being organized - growth management, public facilities and services, and redevelopment. The task of each of the task forces will be to identify the problems, establish goals and objectives in relation to perceived needs and toiformulate policies designed to improve the identified problems and provide for needs. There will be a report which summarizes the goals and objectives as well as some of the policies recommended by the task forces. Cost and due date per quarter: 9/30/75 - $1 , 125 3/31/76 - $1 , 125 12/31/75 - $1 , 125 6/30/76 - $1 ,125 Total Cost $4,50Q 4. Conducting Base Studies and Research • In order for the Planning Department to be more integrally involved in the urban management process, an information system will be developed wherein the data needs of the various operational departments can be assessed based upon their service delivery functions and projected costs and revenue relationships. The design of a structured procedure will be considered whereby the planning department can collect, store, arrange and furnish such data on a continuing basis. This would help to accomplish two major goals in planning: (1) To enable the planning department to EXHIBIT A Page 7 of q panes Department of Local Affairs - No. 320000 Contract Routing No./ 4 3 O • ,WORK ITEM DESCRIPI �N a coordinating, expediting role in insuring that all relevant factors are input into the community growth and development process. This would be accomplished through the planning staff becoming knowledgeable about the problems and perspectives of the operational departments; (2) To enable the planning department to exert some influence over operational decision-making. A report will be published that summarizes the findings and recom- mendations of the survey. Cost and due date per quarter: 9/30/75 - $ 500 3/31/76 - $ 1 ,750 12/31/75 - $ 500 6/30/76 - $ 1 ,750 Total Cost $4,500 5. Comprehensive Planning - Land Use, Public The 1975 program under these combined work elements is a continuation of the work begun in the 1974 701 program, which was the development of a growth management approach to land use and public facilities and services planning. Utilities were studied in the 1974 work program as a potential tool for growth management. In the 1975 program year, other services will be studied under this same consideration such as police and fire services, location of streets and highways, and public school facilities. There will be an attempt to define a potential "urban service area" for accommodating future growth in the Fort Collins area. In attempting to refine the urban service area concept, other factors will also be studied such as cost-revenue analysis of alternative housing densities, alternative land use patterns, and environmental constraints. There will be a final report summarizing this information and evaluating the potential for growth managementin,the Fort Collins area. Cost and due date per quarter: 9/30/75 - $2,062 3/31/76 - $2,063 12/31/75 - $2,062 6/30/75 - $2,063 Total Cost $8,250 6. Development of Comprehensive Plans - Housing The focus in the 1975 Housing Work Element will be toward indentifying and quantifying housing needs, performing necessary analyses, and recommending strategies to meet specific needs. Work completed in previous program years will be incorporated and expanded upon. The housing inventory conducted in 1972 will be updated through methods such as a random sample survey. Future housing needs by income categories will be projected, as well as types and levels of housing production by the private market. The potential for housing rehabilitation and conservation inthe community will be estimated, and possible techniques for funding and administering a preservation/rehabilitation loan/grant program will be investigated. EXHIBIT A Pane 8 of 9 pages �J Department of Local Affairs - No. 320000 Contract Routing No/ F6G -30 • WORK ITEM DESCRIPTION The relationship of housing production and preservation to other city policy and regulating actions will be examined as to their impact upon facilitating housing opportunities in the community. Based on citizen goals, existing data, and projected needs, specific strategies for meeting existing and future housing needs through both public and private actions will be recommended. A report summarizing the above activities will be published at the completion of the program year. Cost and due date per quarter: 9/30/75 - $ 937 3/31/76 - $ 938 12/31/75 - $ 937 6/30/76 - $ 938 Total Cost $3,750 TOTAL COST - ALL ITEMS $70,380 • • • EX: :MIT A Page of pages Department of Local Affairs - No. 320000 Contract Routing No.7' LARIMER -- WELD REGIONAL COUNCIL OF GOVERNMENTS PHONE (303) 667-3288 ROOM 20I 201 EAST 4th STRELI LOVELAND, COLORADO 8053/ November 6 , 1975 The Honorable Glenn K. Billings Chairman, Board of County Commissioners Weld County P. O. Box 758 Greeley, Colorado 80631 Dear Chairman Billings : Enclosed is a Contract between the Larimer-Weld Council of Governments and Weld County for the fiscal year 1975-76 "701" Planning Program. The execution of this Contract by an authorized official will be necessary in order for Weld County to receive 701 Planning Assistance funds. It would be appreciated if you would sign all four copies and return the original and two of the Xerox copies to the COG office at your earliest possible convenience. The third Xerox copy is for your files. If you have any questions , please call me. Cordially yours , iectt. d D MacRavey / or C/ RDM:vjc Enclosure Hello