HomeMy WebLinkAboutbocc.con.292.2008CLERK'S CHECK LIST
FOR CONTRACTS SUBMITTED TO CLERK AND RECORDER FOR SCANNING/ARCHIVING
CONTRACT #: 292-2008
ORIGINATING DEPARTMENT/DPVISION: Community Development
CONTACT PERSON: RA Sullivan PHONE #: 920-5073
PROJECT NAME: Development of revised oil & gas regulations for Land Use Code
^ BOCC AGENDA ITEM
®STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (per Revised Procurement Code 7/2005)
^ Over $50,000 (Requires County Manager's Signature)
/ CHECK PROCUREMENT TYPE:
^None ®Informal ^Fonnal ^Sole Source ^Emergency ^State Bid ^
®Compliance with House Bills 06-1343 and 07-1073 -Immigration Form (Under $10,000, Letters of Engagement, e
DOLLAR AMOUNT: $10,000.00
/ CHECK CONTRACT TYPE:
®Services/Maintenance
^License/Use
^Lease
^Construction
^Goods, Equipment, Supplies
^Other (e.g. revenue)
BUDGET LINE ITEMlLEDGER NUMBER: 002.02.95301.82000
(for counTy employees)
ental Agreement (Requires BOCC Action)
Agreements (Requires BOCC Action)
~e Order/Contract Amendment
CONTRACTOR: Wilderness Workshop COMPLETE LEGAL OF NAME OF BUSINESS (if different from
contractor)
Contract Execution Date:12-23-OS Contract End Date: 1-5-] 0
Automatic Renewal: ^Yes ®No Term of Contract: 1 yr.
STOP
-j~ All Contracts should be proofed for the following:
/ ® No Pages Missing
/ ® If a Page is Lefr Intentionally Blank -Note on Page
/ ® Page numbered consecutively
/ ® All Signatures Affixed
/ ® AI1 Dates Filled In
/ ® All Other Blanks Filled In
/ ® All Exhibits Attached
/ ® HB 06-1343 and 07-1073 (Immigration Legislation) Included in RFP and/or Contract
/ ® All Legal Descriptions Attached (if applicable)
/ ® Notice of Award/Notice to Proceed Attached (if applicable)
/ ® Warranty (if applicable)
/ ® Special Instructions for Finance Department: None
/ ® Sentto Clerk and Recorder for Scanning/Archiving
/ ® Authorized Staff Person's Name: RA Sullivan
BY CHECKING ABOVE ANll ENTERING NAME, THE AUTIORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING. S
~~
l ~~,t
i
i
Contract # 292-2008 Rev 03ii'08js
Budget Lineltem# 002.62.. ~1~30I. $'2.00p
CONTRACT FOR PROVISION OF SERVICES
THIS CONTRACT is made and entered into by and between the Pitkin County
Board of County Commissioners ("County" or "Pitkin County') and Wilderness
Workshop, PO Box 1442, Carbondale, CO 81623 (hereinafter "Contractor").
1. Term. The term of this contract is from January 5, 2009 to January 5,
2010.
2. Contractor's Obliaations. Contractor shall pertorm those services and
deliver the work product described in the attached Statement of Work, which is
incorporated by this reference (Exhibit A).
3. Compensation and Expenses Invoicing Payment and Offset. The County
shall compensate Contractor for its services in accordance with the Statement of Work. It
is expressly understood and agreed that in no event will the total compensation (including
reimbursement for authorized expenses) to be paid hereunder exceed the sum of
$10,000.00. Contractor shall invoice for the project monthly based on hours worked and
actual reimbursable expenses incurred, with payment expected within thirty (30) days of an
acceptable invoice, but any payment by the County may be offset by any amount the
Contractor owes the County for any reason.
4. Count+rs Exclusive Ownership of Work Product Drawings, specifications,
guidelines, documents and other works of authorship prepared by Contractor in
connection with the performance of services under this contract shall be the properly of
the County. However, Contractor shall have the right to utilize such works of authorship
in the course of its marketing, professional presentations, and for other business
purposes. Contractor assigns to County the copyrights to all work prepared, developed,
or created pursuant to this contract, including the right to: 1) reproduce the work; 2)
prepare derivative works; 3) distribute copies of the work to the public; 4) perform the
work publicly; and 5) display the work publicly.
5. Pitkin Counts Obligations. The County shall administer this contract
through a County Representative. The Environmental Resources Manager will manage
the project as the Countys Representative. In the event that the Environmental
Resources Manager is not available, the Community Development Director shall
assume the County Representative's duties. The services provided and products
delivered by the Contractor under this contract will be subject to review by the County's
Representative, or a designee, for compliance with Contractor's obligations prior to final
payment.
1
Rev 0315/OSjs
Contract # 292-2008
Budget Line Item # ~
6. Termination Prior to Expiration of Contract Term. The County has the '
right to terminate this contract, with or without cause, by giving written notice to
Contractor of such termination and specifying the effective date thereof. Such notice
shall be given at least ten (10) days before the effective date of such termination. In
such event ail finished or unfinished documents, data, studies and reports prepared by
Contractor pursuant to this contract shall become the County's property. Contractor
- shall be entitled to receive compensation in accordance with this contract for any
satisfactory work completed pursuant to the terms of this contract prior to the date of
termination. Notwithstanding the above, Contractor shall not be relieved of liability to
the County for damages sustained by the County by virtue of any breach of this contract
by Contractor.
7. Independent Contractor Status.
A. The parties to this contract intend that the relationship between
fhem contemplated by this contract is that of independent contractor. Contractor, and
any agent, employee, or servant of Contractor shall not be deemed to be an employee,
agent, or servant of Pitkin County. ~
B. Contractor is not required to offer services exclusively to Pitkin
County under this contract. Contractor may choose to work for other individuals or
entities during the term of this contract, provided that the basic services and deliverable
products required under this contract are submitted in the manner and on the schedule
defined under this contract.
C. Contractor warrants that all work produced will conform to all
applicable industry standards of care, skill and diligence in the pertormance of
Contractor's obligations under this contract.
D. Contractor shall not attempt to oversee or supervise the work or
actions of any Pitkin County employee, servant or agent in the course of completing
work under this contract.
E. Contractor is not entitled to any Workers' Compensation benefits
through Pitkin County and is responsible for payment of any federal, state, FICA and
other income taxes.
8. Assionabilitv. This contract is not assignable by either party. Any use of
subcontractors by Contractor for performance of this contract must be accepted in writing
by the County.
9. Binding Arbitration. Any disputes arising out of this contract shall be subject
to binding arbitration. The parties agree that any disputes concerning the terms and
2
i~
A
ii
Rev 03/SiOtys
Contract # 292-2008
Budget Line Item #
conditions of this contract shall be submitted and finally settled by arbitration. Arbitration i
shall be conducted pursuant to the rules of the American Arbitration Association and shall
be presided over by the Pitkin County Hearing Officer appointed to arbitrate Pitkin County
contract disputes. Costs of the arbitration shall be awarded to the substantially prevailing
pattY~
10. Severability. In the event that any provision of this contract shall be held ~
to be invalid or unenforceable, the remaining provisions of this contract shall remain
valid and binding upon the parties hereto
11. Integration and Modification.
A. This contract represents the entire and integrated contract between
the County and Contractor and supersedes all prior negotiations, representations, or
contracts pertaining to the same subject matter, either written or oral. This contract may
be amended only by written contract signed by both the County and Contractor.
B. The County may, from time to time, request changes in the scope
of services of Contractor to be performed hereunder. Such changes, including the
increase or decrease in the amount of Contractor's compensation, which are mutually
agreed upon between the County and Contractor, shall be in writing and upon
execution shall become part of this contract.
12. Indemnity. Contractor (including, by definition here and hereinafter, its
officials, employees, agents and representatives, subcontractors and suppliers), shall and
hereby does release, discharge, indemnify and hold harmless Pitkin County and its
officials, employees, agents and representatives from and against liability for any claim,
demand, loss, damages, penalty, judgment, expenses, costs (including costs of investiga-
tion and defense), fees (including reasonable attorney and expert witness fees) or
compensation in any form or kind whatsoever for any bodily injury, death, personal injury
or property damage arising out of or in connection with any negligent act, intentional act,
error or omission by Contractor, and for any consequential liability alleged to accrue
against the County on account of Contractor's acts, errors or omissions; provided, how-
ever, that such indemnity shall not be construed as an indemnity for bodily injury or
property damage arising from the sole negligence of the County or its employees.
13. Insurance.
A. In whole or in part, Contractor shall secure and maintain for the term
of its contractual relationship with the County such insurance policies, from companies
licensed in the State of Colorado, as will protect itself and the County from claims for
bodily injuries, death, personal injury or property damage, which may arise out of or result
from Contractor's acts, errors or omissions. The following insurance coverage, at or
3 ~
r _ _ _
Rev 03l5i'Oajs
Contract a# 292-2008
Budget Line Item #
above the limits indicated and including such endorsements as are indicated by an "X",
are required:
V
1. Statutory Workers' Compensation: Colorado statutory minimums.
li
2. Commercial General Liability -ISO 1998 Form or equivalent
(nth County named additional insured)
i
Each Occurrence Limit $1.000.000.00
General Aggregate Limit $2.000,000.00
Products/Completed Operations Aggregate Limit $2,000.000.00
I
is
Comprehensive Form (All risks) to include:
X Premises/Operations
_ Underground, Explosion & Collapse Hazard
X Products/Completed Operations
X Contractual Liability
X Independent Contractors and Subcontractors
X Broad Forrn Property Damage
X Personallnjury
3. Business Auto Coverage:
Combined Single Limit Liability (each accident $1.000.000.00
Including all owned, non-owned, and hired vehides.
4. Special Coverages:
_ (1) Performance Bond
Labor and Material
Payment Bond
_ (2) Professional Errors and Omissions
_ (3) Aircraft Liability
(4) Owner's Protective
_ (5) Builders Risk
_ (6) Boiler and Machinery
(7) Loss of Use Insurance
(8) Pollution Liability
(9) Crime, including Employee Dishonesty Coverage, or Fidelity Bond
B. Proof of Insurance:
1. To provide evidence of the required insurance coverage,
copies of Certificates of Insurance in a form acceptable to the County shall be filed with
the County, through the County Representative, no later than ten (10) calendar days
prior to commencement of operations affecting the County. Failure to file or maintain
acceptable Certificates of Insurance with the County is agreed to be a material breach of
contract. These Certificates of Insurance shall contain a provision that coverage
afforded under the policies will not be canceled or materially altered unless at least thirty
(30) calendar days prior written notice by certified mail, return receipt requested
(effective upon proper mailing), has been sent to the County Representative. (For
4 /
i
i
i
i
Rev 03i5r08js '
Contract # 292-2008
Budget Line Item #
purposes of this provision, "materially altered" shall mean a change affecting the
coverages required herein, including a change to policy limits as set out in the then-
current policy declarations page). Simultaneously with the Certificates of Insurance, ~
Contractor shall file with the County Representative a certified statement as to claims
pending against the required coverages, reserves established on account of such claims,
defense costs expended and amounts remaining on policy limits.
2. In addition, these Certificates of Insurance shall contain the
following clauses:
a. The clause "other insurance provisions," in a policy in which
Pitkin County holds a Certificate, shall not apply to Pitkin County.
b. The insurance companies issuing the policy or policies
hereunder shall have no recourse against Pitkin County for payment
of any premiums or for assessments under any form of policy.
c. Any and all deductibles in the above-described insurance
policies shall be assumed by and be far fhe amount of, and at the
sole expense of Contractor.
d. Location of operations shall be: "all operations and locations
at which work for the referenced project is being done:'
3. Certificates of Insurance for all renewal policies shall be
delivered to the County's Representative at least fifteen (15) days prior to a policy's
expiration date except for any policy expiring on the expiration date of this contract or
thereafter.
4. The County reserves the right to request and receive a copy
of any policy and any policy endorsement at any time during the term of this contract.
14. Exemptions. All purchases of construction, building or any other materials
for this contract shall not include federal excise taxes or Colorado State or local sales or
use taxes. Pitkin County is exempt from such taxes under registration numbers 98-
02624 and 84-78000-5K.
15. Records. Contractor shall maintain comprehensive, complete and
accurate books, records, and documents concerning its performance relating to this
contract for a period of three (3) years after final payment under the contract and the
County shall have the right within the three (3) year period to inspect and audit these
books, records and documents, upon demand, in a reasonable manner and at reason-
able times, for the purpose of determining, by accepted accounting and auditing
standards, compliance with all provisions of the contract and applicable law.
5 ~
i
i
REV C315/ri3js
Contract # 292-2008
Budget Line Item #
16. Contract Made in Colorado. The parties agree that this contract was made ii
in accordance with the laws of the State of Colorado and shall be so construed. Venue j
is agreed to be exclusively in the courts of Pitkin County, Colorado. ~j
17. Attomey's Fees. In the event that legal action is necessary to enforce any jl
of the provisions of this contract beyond the arbitration described in Paragraph 9, the ~I
substantially prevailing party shall be entitled to its costs and reasonable attorney's fees.
18. Governmental Immunity. Contractor agrees and understands that Pitkin
County is relying on and does not waive, by any provision of this contract, the monetary ~
limitations or terms (presently $150,000.00 per person and $600,000 per occurrence) or
any other rights, immunities, and protections provided by the Colorado Governmental
Immunity Act, 24-10-101, et seq., C.R.S., as from time to time amended, or otherwise
available to Pitkin County or any of its officers, agents or employees. Further, nothing in
this contract shall be construed or interpreted to require or provide for indemnification of
Contractor by the County for any injury to any person or any property damage whatsoever
which is caused by the negligence or other misconduct of the County or its agent or
employees.
19. Current Year Obliaations. The parties acknowledge and agree that any
payments provided for hereunder or requirements for future appropriations shall
constitute only currently budgeted expenditures of Pitkin County. Pitkin Countys
obligations under this contract are subject to Pitkin Countys annual right to budget and
appropriate the sums necessary to provide the services set forth herein. No provisions
of this contract shall constitute a mandatory charge or requirement in any ensuing fiscal
year beyond the then current fiscal year of Pitkin County. No provision of this contract F
shall be construed or interpreted as creating amultiple-fiscal year direct or indirect debt
or other financial obligation of Pitkin County within the meaning of any constitutional or
statutory debt limitation. This contract shall not directly or indirectly obligate Pitkin
County to make any payments beyond those appropriated for Pitkin Countys then
current fiscal year. No provisions of this contract shall be construed to pledge or create
a lien on any class or source of Pitkin County's moneys, nor shall any provision of this
contract restrict the future issuance of Pitkin Countys bonds or any obligations payaf~le
from any class or source of Pitkin County s money.
20. Notice. Any written notice required by this contract shall be deemed
delivered through any of the following: (1) hand delivery to the person at the address
below; (2) delivery by facsimile with confirmation of receipt to the fax number below; or
(3) within three (3) days of being sent certified first class mail, postage prepaid, return
receipt requested addressed as follows:
A. To Pitkin County:
Environmental Health & Natural Resources Dept.
6
,
l
i
i
Rev 03/5/08js
Contract # 292-2008
Budget Line Item #
0405 Castle Creek Rd., Suite 10
Aspen, CO 81611
Fax: (970) 920-5077 j
Attn: Environmental Resources Manager !j
'1
Wlth COp1eS tp:
f
Pitkin County Attorneys Office
530 E. Main Street, #302 jj
Aspen, CO 81611
f
B. To Contractor:
Wilderness Workshop
PO Box 1442
Carbondale, CO 81623
Fax: (970) 963-8447
Attn: Peter Hart
21. Compliance with House Bill 06-1343 and House Bill 07 1073
A. In compliance with House Bill 06-1343 and House Bill 07-1073
amending Title 8 of the Colorado Revised Statutes by the addition of Article 17.5, Illegal
Aliens-Public Contract for Services, enacted by the General Assembly of the State of
Colorado, Contractor shall not:
i
1. Knowingly employ or contract with an illegal alien to perform
work under this contractor;
2. Enter into a contract with a subcontractor that fails to certify
to Contractor that the subcontractor shall not knowingly employ or contract with
an illegal alien to perform work under this contract.
B. In compliance with House Bill 06-1343 and House Bill 07-1073
enacted by the General Assembly of the State of Colorado:
i
1. Contractor has confirmed or attempted to confirm the
employment eligibility of all employees who are newly hired for employment in
the United States through participation in the Basic Pilot Program [created in
Public Law 208, 104th Congress, or its successor and expanded in Public Law
156, 108' Congress, or its successor, that is administered by the United States
Department of Homeland Security] and, if Contractor is not accepted into the
Basic Pilot Program prior to entering into this contract, Contractor shall apply to
participate in the Basic Pilot Program every three months until Contractor is
accepted or this contract has been completed, whichever is earlier. This
7
it
i~~
1~
I
I
Contract # 292-2008 Rev os~,;eajs ~
Budget Line Item #
provision shall not be required or effective if the Basic Pilot Program is
discontinued.
2. Contractor shall be prohibited from using Basic Pilot Program
procedures to undertake pre-employment screening of job applicants while this
contract is being performed.
3. If Contractor obtains actual knowledge that a subcontractor
performing work under this contract knowingly employs or contracts with an
illegal alien, the Contractor shall be required to:
a. Notify the subcontractor and the County within three (3) days
that the Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
b. Terminate the subcontract with the subcontractor if within
three days of receiving the notice required pursuant to subparagraph (a)
of this subparagraph (3) the subcontractor does not stop employing or
contracting with the illegal aliens; except that Contractor shall not
terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has
not knowingly employed or contracted with an illegal alien.
4. Contractor shall comply with any reasonable request by the
Department of Labor and Employment made in the course of an investigation that
the Department of Labor and Employment is undertaking pursuant to the authority
established in Subsection (5) of C.R.S. § 8-17,5-102.
8
!i
I
I
I
Contract # 292-2008 Rev 93i"5iCSjs
Budget Line Item #
I
IN WITNESS WHEREOF, the parties have executed this contract effective as of the ~I
date first set out herein above.
WILDERNESS WORKSHOP:
BY~ 1~~~ Ov`. ~
Title: LL1'I-i ~ +z 2..u TZ
Date: 12 ~ 1 ~ , 2008
PITKIN COUNTY:
I~ uben
Pitkin County Community Development Director
Date: • c~3. 0~ , 2008
9
. 'i
Contract # 292-2008 Rev oa,~5?o8js
i
Budget Line Item #
I'
F
I
EXHIBIT A i
STATEMENT OF WORK
Overview:
The County desires to repeal Pitkin County Land Use Code Section 430-20(h) (Oil and Gas
Extraction) and to adopt a new, legally enforceable, stand-alone Chapter in the Land Use Code
which comprehensively addresses (i) the siting, construction and operation of all machinery and
structures used for the production, transportation, treatment and/or storage of oil and gas and
associated waste products, and (ii) the ancillary development (e.g., road building} and other
activities (e.g., road maintenance) necessary to support oil and gas exploration and
development in unincorporated Pitkin County, including all state and federal lands (hereafter,
the "Oil & Gas Ordinance").
Recognizing that development of the Oil & Gas Ordinance will:
1. Require time for legal and technical research and analysis, and
2. Be affected by the current amendments being made to and the final adoption of the
Colorado Oil and Gas Conservation Commission's ("COGCC") rules and regulations for
development of Colorado's oil and gas natural resources,
the County desires to initially determine whether it is advisable to:
A. Adopt minor revisions to Land Use Code Section 4-30-20(h) (Oil and Gas Extraction),
or j
B. Adopt another local Colorado jurisdiction's oil and gas regulations (with such revisions
as are necessary to implement such regulations in Pitkin County),
as an interim, 'emergency' measure, until the Oil & Gas Ordinance can be completed and
formally adopted.
Contractor has been actively involved in the ongoing COGCC rulemaking, has familiarity with
the oil and gas regulations of other local Colorado jurisdictions, and has also analyzed the
enforceability of local jurisdictions' oil and gas regulations under relevant case law (i.e., the
issue of preemption by state law and the ability to circumvent preemption by adoption of
performance-based vs. prescriptive regulations; enforcement of state and local oil and gas
regulations on federal lands). The County, therefore, desires to engage Contractor's
assistance in performance of the work outlined above.
ContraMor Personnel:
Peter Hart, Conservation Analyst/Staff Attorney at the Wilderness Workshop will be the
consultant on this project for Contractor.
10
,
i
ij
it
Rev 03/5fO8js ~i
Contract # 292-2008
Budget Line Item #
Services/Deliverables:
I
The work to be completed by Contractor is described below. An estimate of the hours required
to perform the services and targeted completion dates for each task are also identified. l~
Contractor shall make every reasonable good faith effort to complete the work within the
number of hours budgeted and within the identified timeframe.
1. Taking into consideration relevant case law and the COGCC's current rules and
regulations, Contractor will review Land Use Code Section 4-30-20(h) (Oi! and Gas y
Extraction) and advise the County as to whether or not minor modifications can be made
to the existing regulations to create a legally enforceable set of standards that can be
used by the County on an interim, "emergency' basis while an Oil & Gas Ordinance is
developed. Contractor will identify any substantive changes it believes need to be made
to Section 4-30-20(h) in order to achieve a legally enforceable set of standards thaf can
be used by the County on an interim, "emergency° basis.
In the event Contractor determines that Land Use Code Section 430-20(h) (Oil and Gas
Extraction) requires more than just minor modifications to create a legally enforceable
set of standards, Contractor will review the oil and gas regulations of Gunnison County,
La Plata County and any other Colorado or other state jurisdiction deemed by
Contractor to be the most comprehensive and "up-to-date" (from a technical and legal
standpoint), and advise the County as to whether or not the County should adopt the
regulations of anotherjurisdiction (or some combination of regulations from other
jurisdictions), on an interim, "emergency' basis while an Oil & Gas Ordinance is
developed. Taking into consideration relevant case law and the COGCC's current rules
and regulations, Contractor will identify any substantive changes to the regulations it
believes need to be made to achieve a legally enforceable set of standards that can be
used by the County on an interim, "emergency" basis. I;
Upon request, Contractor will assist the County in obtaining any authorizations
necessary to utilize the regulations drafted by anotherjurisdiction.
Estimated Hours to Complete #1: 5 -15 hours.
Targeted Completion Date for #1: January 14, 2009.
i
2. Taking into consideration relevant case law and the COGCC's current and proposed
rules and regulations, Contractor will review the oil and gas regulations of Gunnison
County, La Plata County and any other Colorado or other state jurisdiction deemed by
Contractor to be the most comprehensive and "up-to-date" (from a technical and legal
standpoint), and recommend the regulations of anotherjurisdiction (or some
combination of regulations from otherjurisdictions), as the best "starting point° for the
County's development of an Oil & Gas Ordinance. Taking into consideration relevant
case law and the COGCC's current and proposed rules and regulations, Contractor will
identify any substantive changes to the regulations it believes need to be made to
achieve a comprehensive and legally enforceable Oil & Gas Ordinance. Contractor's
recommendations will specifically consider the lag times in the effective dates of some
ll
i
i
Rev 0315!08js
Contract # 292-2008
Budget Line Item #
of the proposed COGCC rules and regulations, and whether or not it is advisable for the is
County to draft portions of its Oil ~ Gas Ordinance with varying "sunset dates°.
Upon request, Contractor will assist the County in obtaining any authorizations i!
necessary to utilize the regulations drafted by another jurisdiction.
Contractor will provide County with citations to any case law particularly relevant to
defense of the regulations as recommended by Contractor (e.g., case law supporting a
County's ability to assess emergency response costs and impose requirements on
construction of access roads) and/or necessary to understand their framework.
Estimated Hours to Complete #2: 40 - 80 hours.
Targeted Completion Date for #2: Contractor will begin to deliver recommendations on
regulations by no later than March 1, 2009 to enable County personnel to begin work on
a draft Oil & Gas Ordinance. It is contemplated that regulations will be recommended
by Contractor and drafted by the County in modules (e.g., standards for roads and
access, requirements for emergency response plans, wildlife habitat protection
standards) to enable County to begin work on its Oil & Gas Ordinance as soon as
possible while recognizing that Contractor requires time to research otherjurisdictions'
regulations and review ongoing changes to proposed COGCC rules and regulations.
Contractor's complete set of recommendations will be delivered by May 31, 2009.
{
3. Upon receipt of Contractor's recommendations pursuant to #2 above, the County will
prepare a draft Oil 8 Gas Ordinance. As of the date of this contract, final action has not
been taken on the proposed amendments to the COGCC rules and regulations. Even if
final action is taken by December 2008, some amendments will not take effect until
2011. Contractor will consult with the County on questions that may arise in drafting the
Oil & Gas Ordinance, while the COGCC rules and regulations are in a state of flux.
Estimated Hours to Complete #3: Indeterminate.
Targeted Completion Date for #3: July 1, 2009.
4. The County will provide a final draft of the Oil & Gas Ordinance (in WORD format) to
Contractor prior to its formal publication for adoption. Contractor will review and provide
comments on the draft "red-lined", in WORD format), taking into consideration relevant
(
case law and the COGCC's rules and regulations. It is expressly acknowledged and
agreed that the County Attorney's Office will be responsible for the final review of the Oil
& Gas Ordinance prior to County adoption.
Estimated Hours to Complete #4: 10-12 hours. ;
Targeted Completion Date for #4: 2 weeks after receipt of final draft of Oil & Gas
Ordinance from the County.
Payment Terms:
12
- -
I
i
i
Rev C3150&js I
Contract # 292-2008
Budget Line Item #
I~
This contract will be performed for the NOT TO EXCEED FIRM FIXED PRICE of $10,000.
Services will be billed on an hourly basis, as follows:
Peter Hart: $150.00/hr.
Approved direct expenses will be billed at actual cost incurred by Contractor in performance of
the services required by this contract. The following direct expenses are approved for
reimbursement under this contract: travel (Contractor will be reimbursed for auto travel at the
IRS mileage rate established for 2009), legal research fees (i.e., allocable hours of
LEXIS/NEXIS time), copying costs (2.5 cents per page for B&W copies and 15 cents per page
for Color copies), and phone calls.
13