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HomeMy WebLinkAboutbocc.con.024.1978 -y. t y ht. " -', F.�i ri�• " t»,n•.:i`;s�• � si..a. . � . .. :.. .: . . . . . . ,.;� . ... , . ,: . �.-�. . ....� . _.. . . . - ., .� , . .,. .. .���` .. ', ,il. f!. f�. ; ; CONSULTANT CONTRACT No. �[�8� � � THIS CONTRACT made this 27th day of February, 1976, by and between THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, hereinafter referred to as "County" and S�1LLY RANNEY, hereinafter referred to as "Consultant". ' W I T N E S S E T H: . FOR AND IN consideration of the premises and covenants and agreements hereinafter contained, it is agreed by and ' between the parties hereto as follows: `� Article I: Contract Description The Consultant shal.i assist the County's Environmental , .:,:..,.:.7 . . . Coordinator in a consulting capacity on behalf of the County for a period of three (3) months from the date of this Contract specifically as to the following projects: ,_ a _ 1. RARE II designation process to insure that all " r lands with Pitkin County are properly considered and, ' � particularly, that the Maroon Bells/Snowmass Wilderness � ' Expansions are recommended for wilderness designation. 2. Monitoring of the filing of mining claims in the � s area, determine their impacts, and. advise as to the appro- priate role of Pitkin County in regulating these mining operations. 3. And any such additional projects as shall be � requested in writing by the Board of County Commissioners ; < ; during the term of this Contract. � �� PROVILED, however, that the Consultant may decline any requested assignment; AND, PROVIDED FURTHER, that the '� Consultant shall undertake no work under the provisions � of this Contract that is within the scope of her responsibilities 3 to the Wilderness Society. � l`"�� �✓�l�-2- ��/•��-�--c�a-zi �� c'��; � / o" �;� �� �.a�. ,r: }.�_: ',"i-^�.., x.y �. v-�x•- _i .fi��`- - 3.�• . ' r J,i� . � � � , �.�'�' Article II: Payment for Services 1. In consideration of the performance by the Consultant � of the services to be rendered as described above, the County agree� to pay the ��nsultant as follows. The total maximum amount stated herein is not to be exceeded by the Consultant unless an addendum, agreed to in writing on behalf of the County, is executed. The County is in no way responsible or liable for expenses incurred exceeding thos� outlined herein. " , a. Labor - hourly rate of $9.00 $1,500-1,750 ti . b. Reimbursables - specific materials � I and long distance telephone at cost • 100 _ ; � c. Reimbursable - travel per diem* 200 �� TOTAL EXPENSES $1,800-2,050 1 * On trips to Denver, Consultant shall use l . commuter tickets purchased through the County. 2. Any out of poc}:et expenses are to be included within the above outlined budget, and must be accounted for . by receipts. Article III: Methocl of Payment . l. Once each month theConsultant shall submit to the County an invoice for expenses incurred, .and furthermore, the ti Consultant shall use the County's Minimum Information Billing Form, which shall be completed in full detail for billing purposes. . . 2. After receipt and approval of charges, the County shall make payment thereon within 30 days of receipt of said '> _ 2 _ c � �Y �.: � ,::.:::: ;::,. � ..::_:.: � . �, ; . �.•��,,'-- �vY}'� M1✓����� � � . , •,c< ��' ' .� .:� � . :,.:.. � .. r � ..., ,.... . . ,. . .... . :-.: ,;•�_�. ' - � . . ., .. .. . .. .: .:. . - . .. . . .. '_�.r.�._ � .....�. �..:...�.:-. f :, . ' �f .. . y., , �1+ r,: . . S'�? �� ..!, S+. . charges to the Consultant, PROVIDED, HOWEVER, that the total of the periodic payments shall not exceed 90$ of the total amount specified in Article II until the County receives and approves the release as provided in Subsection 3 below. 3. Prior to final payment under this Contract, the � Consultant shall execute and deliver: a. An assignment to the County of refunds, rebates, credits or other amounts, including the interest - thereon, properly allocable to cost for which the Consultant has been reimbursed by the County under this Contract; and b. A release discharging the County for all liabilities, obligations, and claims arising � out of or under this Contract. Article IV: Termination for Default or For Convenience of Couatv 1. The per£ormance of work under the Contract may be terminated by the County: a. Whenever the Consultant shall default in - performance of this Contract in accordance ' � . with its terms, and fails to cure or show . cause why such failure to perform should be excused within ten days (or longer as the t County may allow) after receipt of a notice . specifying the default from the County, or b. Whenever £or any reason the County shall deter- mine that such termination is in its best interest. The Consultant shall not be in default by reasons , ° of any failure in performance of this Contract in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the - 3 - e :t ;� _. . �; x �n�: _.._._�... ■rrirrt�rw�oriirr` . ......_..."' �Yrrrrswur+re . .. . .. . ' 4., f ��-���-�i ' � � .. _.,�. 'r,' �1_��.. � , . Consultant. Such causes may include, but are not restricted to, acts of God, natural disasters, strikes, or freight embargoes, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Consultant. Upon request of the Consultant, the County shall ascertain the . facts and failure, and, if the County shall determine that any failure to perform constituted excusable delay, the delivery schedule shall be revised accordingly and notice of default withdrawn. 2. Notice of Termination. In each event of termination, the County shall deliver to the Consultant a written notice of termination, specifying the reasons therefore, and the effective date of such termination. The effective date shall not be earlier than the date of delivery of the notice. 3. Termination Procedure. After receipt of the notice of termination, unless otherwise directed by the County,the Consultanc shall: a. Stop work under the Contract on the date • specified in the notice of termination; b. with the approval or ratification of. the County to the extent it may require, settle all • outstanding liabilities and all claims arising out of such termination of orders or sub- ' contracts, the cost of which would be reimbursable ' in whole or in part in accordance with this Contract. 4. Termination Payment. After receipt of a notice of termination, the - Consultant shall submii to the County his termination claim in the form of a final invoice in accordance with Article III, including costs incurred to the date of termination, and - 4 - �� E> . �; l ,..:..: ....,� .W......: _ ,- � '�.y+. <�y�� . ny�.:_.. __ -- -.:.,:,; � t '���_ ���� b� � ���•.� ' , . . ..).. �`�I' ,��,,' }: S 1 costs incurred because of termination, which termination costs shall not exceed 108 of the total shown in Article II; provided, however, that in the event of defau2t by the Consultant, no extra costs incurred because of termination shall be paid to the Contractor. Such claim must be submitted promptly, but in no event later than three months from the effective date of terntination, unless one or more extensions are granted in writing by the County. Upon the Consultant's failure to submit� a claim in the time ailowed, the County may review the information available to it and determine the amount due the � Contractor, if any, and pay the Consultant the amount as determined. 5. Settlement. Subject to Section 4, the Consultant and Connty may negotiate fhe whole or any part of the amount or amounts to be paid, including an allowance for the fee to Consultant by reason of the termination of work. 6. Remedies. • The Consultant shall have the zight of appeal from " , any determination made by the County under Article TV, Section - � or 5 above, except that if the Consultant has failed to submit his claim within the time provided in Section 4 above and has failed to properly request extension, he shall have no such right of appeal. In any case where the County has <. made a determination of the amount due under Section 4 or � 5 above, the County shall pay the Corisultant: (1) the amount � the County has determined if there is no right to appeal or ; ; if no timely appeal has been taken, or (2) the amouht finally determined on such appeal if an appeal has been taken. 7. Method of AppeaZ. � �� Subject to Section 6, if the Consultant disagrees � with the County's determination under Section 4 or 5, he can y - 5 - � S � , � ......,. ......_. , � __.:..... .....:... , ...>�.. . .. _... ., ,_ -,_.., _,...: . ,..:;._ ,.,.,... . :::..:... ��`"�ti:s;s"; - �.*.,,: �.�� _ -�.,�.,..� . ..� � . �.... ` . • ,�.. � ' f� �_ �", .il G,'. � �� . . �^;�. appeal this decision in writing to the County. Such appeal must be made within 20 days of receipt in writing of the County's determination. The County shall have 20 days in which to respond in writing to the appeal. The County's response shall be final and conclusive unless within 30 days from the date of receipt of such response the Consultant submits the dispute to a court of competent jurisdiction. Article V: Required Clause The Consultant shall be subject to the foll.owing pro- visions: . 1. Audit and Inspection of Records. The Consultant shall permit the authorized repre- sentative of the County to inspect and audit all data and reoords o� the Confxactor relating to his perEormance under _ the contract up to three years after the completion of this Contract. 2. Prohibited Interest. No member, of£icer, or employee of the Public Body • or of a local public body during hzs tenure or one year there- � � after shall have any interest, direct or indirect, in this � � Contract or the proceeds thereof. i : 3. Equal Employment Opportunity. i In connection with the execution of this Contract, ' 1 the Consultant shall not discriminate against any employee or � applicant for employment because of race, religion, color, sex or national origin. The Consultant shall take a£firmative action to insure that the applicants are employed, and that employees are treated during their employment, without regard ��@ to their race, raligion, color, sex or national erigin. Such '� ��* t actions shall include but not be limited to the following: . � � - 6 - t :f � ' � ;: ;� ... .._... ._..._.._ ... .:.�... .. .. ... . . _.. . . _ ... .__. ..,. .�>^ti;...;� `�� ��4� � '.y:�?,�r?t`�;' , . �',. i: . . � . %��'�. y::' E . employment,� upgrading, demotion or termination, rates of � pay, or other forms of compensation, and selection for training, � ' including apprenticeship. 4. Minority Business Enterprises. � � In wnnection v:�th the performance of this Contract, the Consultant will cooperate with the County in meeting his commitments and goals with regard to the max9mum utilization � � o£ minority business enterprises and will use its best efforts to insure that minority business enterprises shall have the maximum practicable opportunity to compete for subcontract work if any under this Contract. Article VI: Subcontracts Assignment of any portion of the work by subcontract must be approved.in advance by the County. The County will not be liable for the cost assigned without such approval. Article VII: Records � The Consultant shall maintain complete and accurate books, records and documents concerning the actual time devoted to this project. Article VITI: Principal Professional � The principal professional involved in this Contract is Ms. Sally Rannie, who is considered essential to the performance of this Contract. In the event of death, disability or inability of Ms. Ranney to perforra, this Contract shall be automatically terminated. n r Article IX: Governing Laws This Contract shaZZ be construed under the laws of the State of Colorado. - 7 - ! � � , _....._.�.. , ._.__.. __�:_:_ ._....._.. � ___...... ....__._....... . ....� _..... ' .:__. . : x f�- _ �.� r,,.�.a„ _ __ ___ .�-'F��:.� _ ; , . ; , . . l. . .. . ., ,__. ,. . . � _ � � . .� . . � IN WITNESS of this Contract, the parties have set their hands this �7 day of � , 1978. PITKIN COUNTY, COLORADO - ATTEST By i���.���.�-�-�, --' I� Robert W. Child, Chairman -� �~���� 1('�iF�T Board of Pitkin County '�'C-�� Commissioners � � =��`: ���c:�1�,�`e�cn�j c��r'1� � J , � ' � � I�J �}� ��.,' /Y . . . � ._ . : a?�: r . ',. .•'•. ������• ." Sa1Zy nney �'�, r��r..f'. \`i�l. ,; . APPRdV�D AS.'TO FORM: _ � :__ t�i�.•/.,-.•,/�� . �andra M. 'S,EQller Pitkin County Attorney � _ _ g � � � � � �, ._.__.._,.�.....___._.....�.._.._._._.__....-°---�- --•.:�.�.«w_._._-_.___.�.�_,..__..�__..__..-----.� _w.:.�.y „;..:... -- ..�.,�, .�:;x;:;