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C O N T R A C T (
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THIS CONTRACT, made and entered into this � day of � :
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�(fj�/� , 1977, by aad between Pitkin County,
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Colorado, hereinafter reYerred to as "Countp", Party of'.the First I
Part, and David W. Randle, hereinafter referred to as "Consultant",
Party of the Second Part;
W I T N E S S E T H:
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WHEREAS, the County desires to employ the services of the
Consultant to continue environmental coordination work for Pitkin
County on the Hunter Creek project, and
VPHEREAS, the Consultant is ready, willing and able to under-
take the work required hereunder.
' NOW, THEREFORE, 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 1: Contract Description
� The services to be performed under this contract by the
Consultant are outlined in detail as follows:
A. Follow up on the Hunter Creek Project
1. Briefing of County Commissioners for continued Yollow-
up with Congressmen and Senators.
2. Continue supportive investigation, coordination, and
interviews for litigation regarding Hunter Creek.
3. Continue follow-up on the Eagle/Aspen Planning Unit
tor Huttter Creek SYilderness designation.
4. Provide inYormation to members of the Board of County
� Commissioners for testimony at both the House Field
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Hearings and the 3enate Hearings in support o3 the I
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Endangered American F9ilderness Act.
5. Continue work to establish better minimum stream flows �
for Hunter, Midway and No Name Creeks. �
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6. Continue implementation of local, state and national
strategy for Hunter Creek. ['
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In consideration of the performance by the Consultant of
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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 responsible or liable for expenses
� exceeding those outlined in the following budget.
Labor $2,520.00
Office rental, travel and any other actual expenses will
be provided if approved in advance of the expenditure by the County
Manager.
Article 2: County Advance Review of All Consulting Aork
� The County (County N�anager or Commissioner) reserves the
right to review in advance all written material or prepared oral f
presentations that the Consultant intends 3or public release.
Disregard of this right o3 advance review will result in immediate
and automatic termination of this contract.
Article 3: Period of Performance �
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The period of performance of this contract shall be from �
- Jutte 16, 1977 through December 31, 1977, or until determined by
the County that no further work is required.
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Article 4: Method of Payment �
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A. Capital Invoices
- Once each month the Consultant shall submit to the County
• an invoice based upon the actual aumber of hours worked per time '
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records maintained by the Consultant.
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B. Payment !` .
After receipt and approval 03 the charges, the County shall �
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make payment thereon within 30 days of receipt of said charges to ;
the Consultant, PROVIDED, H0IYEVER, that the total oP the periodic
payments shall not exceed 90p of the total amount speciPied in
Article 1 until the County receives and approves the release as
provided in Subsect3on C (below).
C. Financial Settlement
Prior to final payment under this contract, the Consultant !,
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� shall execute and deliver: �
1. An assignment to the County of refunds, rebates, credits ;
or other amounts, including the interest thereon, i �
properly allocable to cost for which the Consultant �
has been reimbursed by the County under this �
Contract; and f
2. A release discharging the County for all liabilities, �
obligations, and claims arising out of or under this
Contract.
Article 5: Termination for Default or Yor 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 coatract in accordance with its terms, and
fails to cure or show cause why such failure to
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per3orm should be excused within ten days (or longer
as the County may allow) after receipt of a notice
specifying the default from the County, or
2. {Vhenever for any reason the County shall determine
� that such termination is in its best interest. �
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The Consultant shall not be in default by reasons of any I
failure in performance of this contract in accordance with its �'.�. -_
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terms if such failure arises out of causes beyond the control and �
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without the fault ox negligence of the Consultant. Such causes i
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 Couaty shall ascertain the facts and failure, and
I if he shall determine that any failure to perform constituted
excusable delay, the delivery schedule shall be revised accordingly
and notice of default withdrawn. �
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I� B. 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 oP such termination. The
efYective date shall not be earlier than the date of delivery of
the notice.
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C. Termination Procedure �
After receipt of the notice of termination, unless otherwise I
directed by the County, the Consultant shall:
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', 1. Stop work under the contract on the date specified in j
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the notice of termination; I
2. Place no further orders for materials, services or
facilities;
3. Terminate all orders and subcontracts to the extent
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that they relate to the perPormance o3 work terminated j ,
by the notice of termination;
4. T9i:th the approval or ratification of the County to the
extent it may require, settle all outstanding liabili-
- i ties and all claims arising out of such termination of i. ;
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orders or subcontracts, the cost of which would be , ;
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� reimbursable in whole or in part in accordance with � ,
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1 this contract. , -.
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i D. Termiaation Payment
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! After receipt of a notice of termination, the Consultant
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shall submit to the County his termination claim in the form of a
� final invoice in accordance with Article 4, including costs incurred
3 to the date of termination and including costs incurred because of
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termination, but not to exceed 10� of the total shown in Article
l 1, PROVIDED, HOWEVER, that in the event of default by the Consul-
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� tant, no extra costs incurred because of termination shall be paid
to the Consultant, and the final payment will be less the amount
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of the fixed fee paid to the Consultant in accordance with Article �
4. Such claim must be submitted promptly, but in no event later � :'
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than three months from the effective date of termination, unless .
one or more extensions are granted in writing by the County. Upon
the Consultant's failure to submit a claim in the time allowed,
the County may review the information available to him and determine
the amount due the Consultant, if any, and pay the Consultant the I
amount as determined. (
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E. Settlement � `
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Subject to paragraph D, the Consultant aad County may agree
upon the whole or any part of the amount or amounts to be paid, �
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including an allowance for the fee to Consultant by reason of the I
termination of work. . ,
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F. Remedies �
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The Consultant shall have the right o3 appeal Prom any
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determination made by the County under paragraph D or E above,
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except that if the Consultant has failed to submit his claim ;:.;
• within the time provided in paragraph D 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
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amount due under paragraph D or E above, the County shall pay � :-.::
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the Consultant: i'
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1. The amount the County has determiaed 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.
G. Method of Appeal
Subject to paragraph F, if the Consultant disagrees with
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the County's determination under paragraph D or E, he can appeal �
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- this decision in writing to the County. Such appeal must be made . i'
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 I .
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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 juris- I
diction. � -
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� Article 6: Eequired Clause !
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. The Consultant shall be subject to the following provisions: �
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A. Audit and Inspection of Records �
The Consultant shall permit the authorized representative �
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of the County to inspect and audit all data and records o� the
Consultant relating to his performance under the contract up to
three years a�ter the completioa of this contract.
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B. Prohibited Interest �
No member, officer, or employee of the Public Body or of a � .
local public body during his tenure or one year thereafter shall !
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have any interest, direct or indirect, in this contract or the
proceeds thereof.
C. Equal Employment Opportunity I' .
In connection with the execution of this contract, the I :,
Consultant shall not discriminate against any employee or applicant ' .
for employment because of race, religion, color, sex or national
origin. The Consultant shall take affirmative action to insure
that 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: eoployment, upgrading, demotion
or termination, rates of pay, or other forms of compensation, and
selection of training, including apprenticeship. �
D. Minority Business Enterprises
In connection nvith the per�ormance of this contract, the
Consultant will cooperate with the County in meeting his commit-
ments and goals with regard to the maximum utilization of minority
business enterprises shall have the maximum practicable opportu-
nity to compete for subcontract work if any under this contract.
Article 7: Progress Reports '
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The Consultant shall make monthly progress reports of a �
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similar form and text of those made by regular County employees. �
The monthly progress report sha.11 be prepared and delivered to i
the secretarial staff of the County Administrative Office oa or
betore the lOth of each month following the month for which the
report had been prepared. In addition, the Consultant shall
' prepare a concluding report, summarizing all activities and events
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which occurred within this contract, such summary report shall i
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be prepared and deZivered to the County Commissioners and County
Manager on or before February 1, 1978,
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� Article 8: Subcontracts � :
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Assignment of any portion of the work by subcontract must
be approved in advance by the County. The County will not be
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liable for the cost assigned with such approval.
Article 9: Rights to Documents
All plans, specifications, documents and materials developed
during the course of this contract shall accrue to, and vest in
the County.
Article 10: Records
The Consultant shall maintain complete and accurate books,
records, and documents concerning the actual time devoted to this
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project. �
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Article 11: 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
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han�s this � day of v//J�/� , 1977.
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` �� _' �.°:�:a ` PITKIN COUNTY, COLORADO .
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CONSIILTANT: ' ;
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Ow-...1 Z✓. /2�.>�.,G�e;
,.: '• - David W. Randle . _ . .'
APPROVED AS TO FORM: ��G�«/l',d�J •4r��
S ndra �1. 5tu31er
Pitkin County Attorney
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