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HomeMy WebLinkAboutbocc.con.048.1978 - -..r., cA����� � i -T`.{r '�'�}�.��.' _ � 1Y!: ��..��A �I"r y�in,�.; . � , �`.S�t•..�. � . PTTKIN COUNTY BOARD OF COULVTY COMMISSIONERS CONSULTANT CONTRACT NO. ���7R� THIS WNTRACT, made this 12th day of June 1978 by � ; and between THE BOARD QF COUNTY COMNISSIONERS OF PITKIN �' iCOUNTY, COLORADO, hereinafter referred to as "COUnty" and } . i : MARK FULLER, hereinafter referred to as "Contractor;" 3 � W .I T N E S S E T H : 1 � 3 WHEREAS, the County wishes to investigate areas o£ E environmental concern to residents of Pitkin County and the ; � Contractor wishes to undertake the same under the terms and ;s ¢ conditions hereinafter specified, � � [ NOi9, THEREFORE, for and in consideration of the premises . f and covenants and agreements hereinafter contained, it is � agreed by and between the parties hereto as follows: _ r , ; � Article I: Contract Description The Contractor shall undertake each of the following investigative, monitoring and reportinq duties on behal£ of the County foz a period extending through December 31, 1978: .� 1. The Contractor will continue monitoring the RARE II designation process to insure that all lands within Pitkin County are properly considered and, in � particular, that the Maroon Bells/Snowmass Wilderness i Expansioas are recommended for wilderness designation. j i 2. The Contractor shall continue monitoring the � £iling of mining claims in the area, determine their � i impacts. and advise as to the appropriate role of � Pitkin County in regulating these mininq operations. � � i i - 1 - ;;�.�x.: x:;• ri,:�:. �Y.' d.:�.+�y�y'�Aj. . � . 4: k ��- , i��.`�.=f :�2s�:;1. � ��:s . ....,_. .. .. .-. _._ ._ .... . . s., . ,. .. �. �..-�. .. . -:x - . , . , �� � � .t�S`�.�. . . `.'.' � , � _ . � � � � ,� . . 3. The Contractor shall assist the County Manager � in developing the resource inventory, management plan � and in providing information•to the public regarding the North Star Ranch purchase. 4. The Contractor shall assess the environmental - isqpa�ts of prop�sed ski area expansions at Little Annie's and Burnt Mountain. ' 5. And any such additional projects as shall be assigned in writing by the Board of County Commissioners during the term of this contract. Article II: Payment for Services l. In consideration of the performance by the Contractor :S of the services to be rendered as described above, the County ? agrees to pay the Contractor as follows. The total maximum ` amount stated herein is not to be exceeded by the Contractor f unless an addendum, agreed to in writing on behalf of the 3 � County, is executed_ The County is in no way responsible. or sliable for expanses incurred exceeding those outlined herein. ;. ; a. Labor - hourly rate of $9.00 $6,300.00 - 2. Any out-of-pocket expenses are to be included k � within the above outlined budget, and must be accounted for ,� by receipts. �s Article III: Method of Payment i 1. Once each month, or whenever convenient to both the County Manager and the Contractor, the Contractor shall submit to the County an invoice for expenses incurred, and i furthermore, the Contractor shall use the County's Mini.mum � Inforatation Silling Form, which shall be completed in full I detail for billing purposes. ' I I I � - 2 - I � i . i i ����..:,: ,��'-,-? � =x..-�,ry�;.• . .. - �4,�j, xi?�` ' . : �.��7r�y[ti 1:•. ti• 2. After receipt and approval of charges, the County shall make payment thereon within 30 days of receipt of said charges to the Contractor. 3. Prior to final payment under this Contract, the Contractor 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 Contractor has been reimbursed by the County under this Contract; and b. A release discharging the County for all liabilities, obligations, and claims arising out o£ or under this Contract. Article VI: Performance Standards The Contractor shall make periodic reports to the Board of County Commissioners and County Manager containing results of his investigations and proposed recommendations for action. No formal position shall be taken on behalf of Pitkin County ✓before any state or federal agencies or water districts unless - and until approved in advance by either. The Contractor shall also submit a Final Report on termination of this Cantract summari2ing all findings and recommendations made dwring the �. term hereof, and any further co�aents that .the Contractor or County Manager feels appropriate. Article V: Termination for � Default or For Convenience of Count � 1. The performance of work under the Contract may be $ � terminated by the County: a. Whenever the Contractor shall default in per- formance of this Contract in accordance with its terms, and fails to cure or show cause why such failure to perform should be excused within i i � - 3 - � ,I ) E yt i a� •. F;, . . .. . . . .. . n`'�ti�'% . .1a1. _ 7ji f ��'+f;; � . �4'S'S7�x�" i . x;?•sl�^s'c"'i` , . �����:• _ � - i� ,k�. . I ' ten days (or longer as the County may allow) after � receipt of a notice specifying the default from � i the County, or � b. Whenever for any reason the County shall determine that such termi.nation is in its best interest. The Contractor 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 Contractor. Such � canses may include, but are not restricted to, acts of God, natural disasters, strikes, or freight etnbargoes, but in every � case the failure to perform must be beyond the control and without the fault or negligence of the Contractor. Upon request of the Contractor, 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 Contractor a written notice of termination, specifying ! g 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 Contractor shall: a. Stop work under the Contract on the date specified E in the notice of termination; I s b. Place no further orders for materials, services I � or facilities; ! � c. Terminate all orders and subcontracts to the � � extent that they relate to the performance of j 1 work terminated by the notice of termination; � i - 4 - � +'�;�r1.'.a�r, -�ir. {a ;�N^ .. .•J�+.'S`.��i�6i:*:�` ` ' . "ii#'� , p }.. �'; � �. i L��<. i+ .�� i � d. With the appronal or ratification of the County 3 to the extent it may require, settle all outstanding c . � liabilities and all claims arising out of such � termination of orders or subcontracts, 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 Contractor shall submit to the County his termination claim in the form ` � of a final invoice in accordance with Article III, including M ' � costs incurred to the date of termination, and cost incurred because of termination, which termination costs shall not � exceed 10$ of the total shown in Article II; provided, however, � that in the event of default by the Contractor, 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 termination, unless one or more extensions are granted in writing by the County. Upon the Contractor's failure to submit �a claim in the time ' allowed, the County may review the information availabZe to it and determine the amount due the Contractor, if any, and pay � the Contractor the amount as deCermined. - � 5. Settlement. �° Subject to Section 4, the Contractor and County may � negotiate the whole or any part of the amount or amounts to � be paid, including an allowance for the fee to Contractor by � reason of the termination of work. � 6. Remedies. The Contractor shall have the right of appeal from , � any determination made by the County under Article V, Section 4 � or 5 above, except that if the Contractor has failed to submit i j his cZaim within the time provided in Section 4 above and has i failed to properly request extension, he shall have no such i right of appeal. In any case where the County has made a I � � ! ; - 5 - � ? ! i. �a..:r-'. - 1.rp�ia�,<.y,L� � ,•���� . ,;. �: �"�,�.,���;: _ w�(::����,,. . . _ .._ . :....:.. _. . "��.� ��r 4��. � � . � determination of the amount due under Section 4 or 5 above, the County shall pay the Cantractor: (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 amount finally determined on such appeal if an appeal has been taken. 7. Method of Appeal. Subject to Section 6, if the Contractor disagrees with the County's determination under Section 4 or 5, he can appeal � this decision in writing to the County, Such appeal must be made within 20 days of reaeipt in writinq 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 Contractor submits the dispute to a court of competent jurisdiction. Article VI: Required Clauses The Contractor shall be subject to the fol2owing provisions: 1. Audit and Inspection of Records. The Contractor sha11 permit the authorized repre- sentative of the County to inspect and audit all data and records of the Contractor relating to his performance under the contract up to three years after the completion of this x Contract. 2. Prohibited Interest. No me:nber, officer, or employee of the Public Body or of a local public body during this tenure or one year there- after shall have any interest, direct or indirect, in this � Contract or the proceeds thereof. � 3. Equal Employment Opportunity. ( I In connection with the execution of this Contract, � ; the Contractor shall not discriminate against any employee or ; applicant for employment because of race, religion, color, sex or - 6 - � . � � 1 � �: ' :?t�3:� .,�A i, .sg;..,,*�'�'..r�-.°�' ? g „�-T,,�..�s,a' � • .. s'�-FJ����"� � :. � M�.����, . -. � ��: � � ' '-....'... - -..,..:. ,��i. . � , t��.� � national origin. The Contractor shall take affirmative action I� f to insure that the applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex or national origin. Such actions shall include but not be limited to the following: employment, " ' upgradinq, demotion or termination, rates of pay, or other forms of compensation, and selection for traininq, including I apprenticeship. I - 4. Minority Business Enterprises. In connection with the performance of this Contract, the Contractor will cooperate with the County in meeting his i '• commitments and goals with regard to the maximum utilization. t sof 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. t . , � F � Article VII: Subcontracts ; f Assignment of any portion of the work by subcontract must be approved in advance by the County. The County will not i be liable for the cost assigned without such approval. ; '. Article VIII: Records '' � ; The Contractor shall maintain complete and accurate books, t records and documents concerning the actual time devoted to this project. � _ ( Article IX: Principal Professional � The principal professional involved in this Contract is ; Mr. Mark Fuller, who is considered essential to the performance � � ; of this Contract. In the event of death, disability or � f inability of Mr. Fuller to perform; this Contract shall be � automatically terminated. � i . - 7 - g�:tx,�,.��.@i:-� .,.Y1:" �� i� ' ` ;1`� , . � . ;. ..,,.��. w.:M .. . „� .. .._;.-.. .,: . . _:: .,. ..�_..__,t_, r. 1�, : ''i � Article X: Governing Laws This Contract shall be construed under the laws of the ' State of Colorado. ;� - IN WITNESS of this Contract, the parties have set theix - � � �. . . . . •4�. ,�.. � hands this � day of ,�iJ,{�/_ _� 1978 - , x.... PITKIN COUNTY, COLORADO �y�p i� sm f : . . .�+`F+i/.. .:.;n 1 , ;4 . . �f'� . � ' a � � ': . Ey �L�" 1 !� ,��2��':�tr- Robert W. Child, Cha rman � bd�Y ECunt��'�. ��k Board of Pitkin County '• � � �. Coimnissio ers •, . � a a 1 0� .�„✓�.. � . � ' .+�. �.� i�t�:� � _ . . � � rhY.���. . . . . . � . t'•�r �J f)V,�� 1 . . � . . •=� ��� Ma k uller , '�� ' APPROVED AS TO FORM: .� i� andra M. S uller � Pitkin County Attorney ="�. , . _. _ ;� + � .'+ ;� „�_s,... ..�. �.: , .. ,; , ,. ..,_ _. 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