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Home My WebLink Aboutbocc.res.139.1977 ,,; i �.:, R • . w•.'1�:��:� , . - . :. �p : . .. ...� .r..i... ... .. . � . • 3 ��1, ��. J �R,�;l:t-:. ::g%.: ;j RESOLUfiION OF THE BOARD OF { ^ I � COUNTY COMMISIONERS OF PITKIN COUNTY� � COLORADO, AUTHORIZING THE EXECUTION OF I � �. AN AGREEMENT FOR THE FIINDING OF A WICHE� i INTERN . , j . Resolution No. 77-�� WHEREAS, WICHE. (Western Interstate Commission for Hiqher � j i Education) has authorized a project for Pitkin County with the + Colorado/CETA Internship Program for the Disabled and/or Elderly ; ` Persons, and 1{ I WHEREAS, pursuant to such authorization, it is purposed _ that the County and WICHE agree, by contract, that: (a; WICHE wili reimburse Pitkin County £or +.he intern's salary at the rate of $4.30 per hour (and benefits (� i up to a maximum of 15.68) at the end of each month; , � (b) The County will pay, supervise and provide � �` office space £or the intern; and i , (c) WICAE: will print the intern's final report if i: � � requested and pay the intern directly up to a maximum amount ; . of $100 for necessary project related travel (at a rate of � f $0.10 per mile); and � , i WHEREAS, Bob Lewis has applied for such internship, and � ( said application has been approved; and 4I I WHEREAS, Pitkin County desires to obtain the services of � - � Bob Lewis under the terms hereinabove enumerated, � NOW, THEREFORE, be it resolved by the Board of County � j - Commissioners o£ Pitkin County, Colorado, that it does herebv authorize the chairman of such Soard to execute, on its behalf. �' � � a contract with YT��HE for the services o£ Bob Lewis under the " I terms and conditions specified above. ' i Done this � day of �, 1977. ; ;. i . � -1- i • � I � { .;. � � .. � .:�. . . .:.: .. . .. .,... ,. ...:;��: .�.....:: . � ' ry . �: � �.,,, �...� . . . _::� �-. . . .. . � , . . . . .. :. .�tr;' �J �y �i.N Y:'tri . . �- F,, +..., � . �S,`- y.. �'� . . .i4,F�.�3�5 §�.�.?; . � , i"�+s�'� . . . ....., .,. . .. .. . _ . .. . - 1! / . . . . .. . �. . .. � . �2� � � ' d 0 3 THE BOARD OF COUNTY COMMISSIONERS � .. ,rr: ��• • OF PITKIN COUNTY, COLORADO � :. ' �7`��u�`?l`C � , � _ ` s. ��.��/ ��' By , _ � � .3 ,,� �� r r Chairman � . �• ,. �` t �.�,y�a . �-'��_��'� _. y�. S _ .. . __ . _ . `� . . _ :1� l�mlr�.>>+�y �L7 \' . t �-F� Y .` � ' ,/CrL�`v„r ' 4- �,��,,.�._.� •, � APPROVED AS TO FORM: �� Pitkin Cout�ty Attorney � � r. I . � I _ _ � l � ;_ _ i . - : l t - � , i i � � t � ,_ _.._.. � .�_�.��..:..:_.._. _ .._.._- --.....__ . ,::..:. �,.<.., — , . ..._:. .. _. ,.. _. ..._. � __,�., i:�� ;.,i".r , . , • t ..r , '� r . ic�+? . ... .. ._ . . .. ... ... .. _ �. / . .. . � �y�'��. A{��chmdna fio Ra.� .✓7 _..3 9 .._ _ s. � •- _. }� � C O N T R A C T � i THIS CONTRACT, made and entered into the �J,�� { � day o£ ��¢Jy'�L , 1977 by and between Pitkin � � County, Colorado, hereinafter referred to as "County", Party � of the First Part, and Robert Lewis, hereinafter referred to I . � . , as "ConsuZtant", Party of the Second Part; I W I T N E S S E T H: I i WHEREAS, the County desires to employ the services �, of the Consultant to provide public lands coordination work for Pitkin County; and WHEREAS, the Consultant is ready, willing and able to � undertake the work required hereunder; � ; NOS+T, THEREFORE, for and.in consideration o£ the preraises and covenants and agreements hereinafter contained, it is agreed by and between the garties hereto as follows: Article 1: Contract Description The services to be performed under this contract by the Consultant are outlined in detail as follows: !' l A. Environmental Assessment for North Star Ranch (3 days) j B. Detailed Management Plan for North Star Ranch � � 1. Initial Pubiic Hearing - receive comments i from the public, P&Z, BOCC, etc. (3 days) � 2. Preparation of draft detailed management plan �' • cost of capital improvements � i • arrangements for any recreational activities � • maintenance plan for the property (20 days) 1 3. presentation of detailed plan (second Public � Hearing) j j • advance x�otice - radio and newspaper � • receive input on prepared plan i • report input to BOCC (3 days) i 4. Preparation of final detailed management plan � for BOCC adoption (should include map and written document) (6 days) 4. Total Work Days - 35 � In consideration of the performance by the Consultant ; � . I i , , i ! � '� ' ';� � _ _.'�.'.�.� . ��N� ' - r; � ''��' T�vt�: . .. -.� _ . . ._... . . .. .... ........ . _. . . ... , ,i, .:r �i!' ._ . . . ., � ,r �'p � • ��,�. l�� 2 � � of the services to be rendered as described above, the County � agrees to pay the Consultant as prescribed in the following budget. The budget is a maximum figure not to be exceeded ' � by the Consultant. The County is in no way responsihle or i' ; '- _ liable for expenses exceeding those outlined in the following - ._ budget: � i Labor - 35 days x $100/day = $3,500 � .-. Materials - I ' � . i.- 1. $ 250.00 �: 2. & 4. 1500.00 ( 3. 250.00 2,000 I: ; Total project cost estimate $5,500 � i WICFiE grant labor reimbursement: ' $4.30 x 8 x 35 = ($1.204) i.:. Remaining County liability $4,296 �" � . � ? All out of pocket expenses are to be included within ' the above outlined budget. It is understood by both Parties that any excess out of pocket expenses must be concurred in • written form by Pitkin County if the County is to be billed for those expenses. Article 2: Period of Performance . The period of performance of this contract shall.be from November 1, 1977 through January 31, 1978. ' Article 3: Method of Payment A. Capital Invoices i . ' Once each month the Consultant shall submit to the � County an invoice calculated as a percentage of the total ;.' � amount based upon a ratio of work completed to the scope of j; �:_ work. 8. Payment After receipt and approval of the charges� the County . � . . . � . . . . '! ,� .. ..,....-.-. _..,_, . . ...... ._. ._.,� . . . .� . . . tib:,-i ,,,� � -. . < :� _ r{ � �., .��_ . _ .�. . . . . �� ... � ... �r��. . ��.. r�ss` � � I � � 3 - ' ; shall make payment thereon within 3U days of receipt o£ said charges to the Consultant. C. Financial Settlement ; i _ Prior to final payment under this contract, the Consultant ; ' ; shall exeaute and deliver: ` ' (1) An assignment to the County of refunds, rebates, �' i credits or other amounts, including the interest f thereon, properly allocable to cost for which the �, i Consultant has been reimbursed by the County ; i under this Contracts and �- �. . (2) A release discharging the County for all liabilities, obligations, and claims arising out o£ or under this Contract except for specified claiuns in estimated amounts where the amounts are not sus- ceptible to exact statements by Consultant. �� Article 4: Termination for Default or for Convenience of County A. The performance of work under the contract may be terminated by the County: (1) 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 County may allow) after receipt oE a notice specifying the default from the County, or (2) Whenever for any reason the County shall determine � that such termination is in its best interest. i .' � i The Consultant shall not be in default by reasons of i any failure in performance of thi.s contract in accordance with ; its terms if such failure arises out of causes beyond the � I control and without the fault or negligence of the 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 � � � �� i i � , , _.. :i,.� . . . , . . . . . ... . . . . .. . ... �;:� , . ��y E�'��'. . . r- . . . � .. . . . . . . ��,.. �� . ' �n��i S - 4 - 4 � control and without the fault or negligence of the Consultant. ' � Upon request of the Consultant, the County shall ascertain 6 � the facts and failure, and, if he shall determine that any � - failure to perform constituted excusable delay, the delivery ! � i : schedule shall be revised accordingly and notice of default i withdrawn. I ; . B. Notice of Termination yIn each event of termination, the County shall deliver i � 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. C. Termination Procedure After receipt of the notice of termination, unless othexwise directed by the County, the Consultant shall: � (1) Stop work under the contract on the date specified in the notice of termination; (2) place no further orders for materials, services or facilities; (3) terminate all osders and subcontracts to the extent that they relate to the performance of work term- inated by the notice of termination; �� (4) with the approval or xatification of the County to � the extent it may require, settle all outstanding � 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. � S D. Termination Payment � After receipt of a notice of termination, the Consultant shall submit to the County his termination claim in the form of a final invoice in accordance with Article 3, including costs incurred to the date of termination and including costs incurred because of termination, but not to exceed 108 of the ' 4 � � t , t �I : ..�� , „ :- ,. ... . _ _. . . ..�..._ , y . , �:, �`J- R�lt:: • . `�,;`�q'.�� .�ifYy' 7��.�^: 3 - 5 � 1 total shown in Article 1, provided however, that in the event � F of default by the Consultant, no extra oosts incurred because u u of termination shall be paid to the Consultant, and the final payment will be less the amount of the fixed £ee payed to the ' , iF Consultant in accordance with Article 3. Such claim must be � x. submitted promptly, but in no event later than three months � � from the effective date of tarmination, unless one or more � . � extensions are granted in writing by the County. Upon the � .F - . Consultant's failure to submit a claim in the time allowed, � the County may review the information available to him and ; s determine the amount due the Consultant, if any, and pay the �' � Consultant the amounti as determined. � � E. Settlement � Subject to paragraph D, the Consultant and County map agree upon the whole or any part of the araount or amounts to � be paid, includinq an allowance for the fee to Consultant by � reason of the termination of work. � F. Remedies � The Consul�ant shall have the right of appeal from any 3 � determination made by the County under paragraph D or E above, � � except that if the Consultant 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 paragraph D or E above, the County shal.l pay the Consultant (1) the amount the County has determined if there � is no right to appeal or if no ti.mely appeal has been taken, or (2) the amount £inally determined on such appeal if an appeal has been taken. ' i G. Method of Appeal � Subject to paragraph F, if the.Consultant disagrees with the County`s determination under paragraph D or E, he can appeal this decision in writing to the County. Such agpeal must be -� � made within 20 days in which to respond in writing to the ;s e appeal. The County's response shall be final and conclusive � F ,� i i3 �� . .�... ... ... . .. .. . . , . . . . .. . . . . . .... .... ... ' . +'�..: . -,. ,?�� `��_ � . ._...Y:.:. _. . ...w.: ,.�.. _ .:. , .::� .., . _ . ._.. _ . .. ,.. �:,, � �,�{-"�l.l.. i • �'A��Mj�`,. � - 6 - { � i s unless within 30 days from the date of receipt of such response i j � ; the Consultant submits the dispute to a conrt of competent S jurisdiction. � ' Asticle 5: Required Clauses � � The Consultant shall be subject to the £ollowing provisions: � z t A. Audit and Inspection of Records � ; The Consultant sha11 permit the authorized representative : � of the County to inspect and audit all data and records o£ � the Consultant relating to his per£ormance under the contract 4 up to three years after the completion o£ this contract. � B. Prohibited 2nterest I No member, officer, or employee of the Public Body or ) of a local public body during-his tenure or one year there- after sha11 have any interest, direct oz indirect, in this contract or the proceeds thereof. � C. Equal Employrnent Opportunity ! In connection with the execution of this contract, the � � j Consultant shall not discriminate aqainst any employee or . � applicant for employment because of race, reZigion, color, � , � sex or national origin. The Consultant shall take affirmative � ; action to insure that applicants are employed, and that � f � . � employees are treated during their employment, without regard d �. • � to their race, religion, color, sex or national origin. Such a actions shall include, but not be limited to, the following: � � employment, upgrading, demotion, or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 4 I D. Minority Business Enterprises � In connection with the performance of this contract, I the Consultant will cooperate with the County in meeting his commitments and goals with regard to the maximum utilization ; i of minority business enterprises and will use its hest e£forts to insure that minority business enterprises shall have the maximum practicable opportunity to compete for subcontract work , � _ _ ; � ..>. _ ,�.�,. f - :M1j �� ! , _��r :� - � . f :� : J:�:.ti{�::Y... . Y�'Iry',�;�' . . . . . _ . . _..._�... . . . ... . ...... ...:.. �,.,_�:,....:.. �.r-.. . . ....>.��.._.. ._>�......_ �._.. �#,+j� � � ��4'' ' ' 2 Y�;: _ j � -:c'r3;'.� 4 — 7 — � �S I if any under this contract. � � � Article 6: Subcontracts f � Assignment of any portion of the work by subcontract � � . must be approved in advance by the County. The County wiTl M not be liable for the cost assigned with such approval. iArticle 7: Riqhts to Documents ; ' � i All plans, speci£ications, documents and materials , � developed during the course of this contract shall accrue to, � � and vest in the County. � iArticle 8: Records , � � The Consultant shall maintain complete and accurate � 4 books, records and documents concerning the actual time devoted V to this project. � � � Article 9: Principal Pro£essional . ` I The principal pro£essional involved in this contract is ;j Mr. Robert Lewis, who is considered essential to the performance of this contract. In the event of death, disability or inability of Mr. Lewis to perform, this contract shall automatically � terminate. _ Article 10: Governing Laws This contract shall be construed under the laws of the State of Colorado. � In witness of this agreement, the parties have set their ` hands this day o£ �yJ�� ,p , 1477. � i PITKI UNTY, COL _ I � ' � By: ;o rt Lewis ('�,eo g � L. O hs Coun y Manager j . i Attest: Attest: � � . � � � ��h Approved as to form; ,��,,_,�, ��/f�? Pitcin C ty A torney � / � �� r .:::.,. . . , _._ . � G .•