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Home My WebLink Aboutbocc.con.002.1981 ; 1:' ' 4 �'c � S� i r . . 1 5—ti•r.� -''�• ' �`.'�.'M°'�altn.u...ca�r_.-..r.....-r"'�.�rat-�tv..i-. �..: _.._......�.. .,.....:-.,_,.....:4.-..�..,..,....,.+r..,-,r�...o....,,..,...��,.�..._.....�._.,.:.�.....�.'.-.. �,.,•,.. � .�.> .. .... . _ . . �t �.�;��;ayf�� :�,�fi�f v � �}�� :�. r ��,:.��a _ . . ! CONSULTANT CO[VTRACT. No. 2�51� I THIS CONTRACT, made this 12 day of JANUARY, 1981, by and � between THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, hereinafter referred to as "County" and MARK FULLER, hereinafter � . � referred to as "Contractor;" W I T N E S S E T H: • y a WHEREAS, the County wishes to investigate areas of environmental concern to residents of Pitkin County and the Contractor wishes to �s ' undertake the same under the terms and conditions hereinafter specified, r�- NOW, THEREFORE, for and in consideration of the premises and coven- ants and agreements hereinafter contained, it is agreed by and between � the parties hereto as follows: 4t • ARTICLE 1: f/i' CONTRACT DESCRIPTION: (Approximate percentage of time in parentheses) �� .a �t� _ l. Continuing laison and staff for issues involving the following -_,.l,; �.- � agencies and interest groups. �' � a. Federal and State Public Lands and Environmental agencies such as } Forest Service, BLM, EPA, Division of Wildlife, State Natural Resources, NWCCOG, etc. (5$) b. Local Environmental groups and County boards, ie, Wilderness Work- shop, Center for Environmental Studies, PCPA, North Star Committee, Renewable Energy Task Force, etc. (5�) 2. Continuation of projects begun in 1980 and requiring further effort in 1981. � . �, a. North Star and other Open Space Management (10�) b. Weed control program planning (10$) c. Updating and revising County Mining Permits to refleci: State and Federal regulatory programs (10$) d. Monitoring of Oil ShaZe development and its environmental impacts on Pitkin County (5�) 2. Monitorinq of claiming and mine development activities (5$) f. Lobbying fcr local wilderness designations (58) � 3. Referral agency for projects reguiring County review. ;�: �; : a. Ski expansion (10�) „ � b. Powerline construction (5$) ,� c. Water projects (5�) d. "'liscellaneous projects and code revisions (Sb) � ! 4. New Projects. � i a. Revive recycling program (58) b. Expand community conservation effort in cooperation with Energy �s Task Force (5$) ' � c. Updating of CSU Resource Maps in light of development and qrowth i over the past decade (58) � � � i i S i � 4�.:.;..;�'� ;:�� i i i��;. 1 �r3. �{ � '' � _'`- .,i _��-_ f� �y'r�..-ic...-w..�+a-.r ....,f.,..... ' - �4... .1- .�. , _ .... �_ .��.�...... ....-_..�,......_....M.....-...�._....�_- ��'a1 r�nr �� ^ i �iF� d. Attendance at conferences, organization of workshops, use of other � ' opportunities to inform public and County staff of environmental issues (unknown) e. Any additional projects which might be assigned by the County Com- missioners or County Manager during the term of this contract (unknown) � Article IZ: Payment for Services 1. In consideration of the per£ormance by the Contractor 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 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 those outlined herein. ` . �i a. Labor-hourly rate of $10.50 - $16,500.00 (based on 6.25 hrs/day x f, 250 days x $10.50/hoar) � b. Dues, Memberships, Subscriptions - $150.00 c. Books and Manuals - 150.00 d. Materials and Supplies - 250.00 � e. Meetings, Conferences & travel - 500.00 f. Office supplies - 50.00 g. Professional Services - 200.00 ' . �� $1,30Q.00 ''- TOTAL -------------$17.800.00 ,� -,,..'.: �. # ; 2. Any out of pocket expenses are to be included within the above outlined � budget, and mast be accounted tor by receipts. � t� 3. Compensation will include consideration for a ski pass or ski pass bonus for the Contractor under the same terms and provisions as other County employees. i'i; '� Article III: Method of Payment '� ' 1. Once each month the Contractor shall. submit to the County an invoice for expenses incurred, and furthermore, the Contractor shall use the County's s'� • Minimum Information Billing Form, which sha11 be completed in full detail ',j for billing purposes. 2. After receipt and approval of charges, the County shall make payment �' thereon within 30 days of receipt of said charges to the Contractoz, PRO- �! � VIbED 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. ' I '' � 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 a � including the interest thereon, properly allocable to cost for which ; the Contractor has been reimbursed »y the County under this Contract;and 5 i <,,;;::;. b. A release discharging the County for all liabilities,obligations, and � ' - .__....- claims arising out of or under this Contract. ` � - 2 - '�: 4 ' .}�;i�a+.�'�J�vi. . . . „ � �� _ .:t�r�: : ..,,:. . j . ;-e ' � N ,.�`:�.j . ` �. "r'�„��cw.�.�;.�...-_.��.-�....;."_i.,'.�a.�r.�:....• . .„_.:i�'� -..:.. �_..,-._",.�:.:�_..:.:.a..,�..�x.a��.si ._. ...._,........�_tL+... �._,..;.-�aL r ��i:,1 ,k P : `� Article IV: Performance Standards �r#�'•' � ,,,,_ _ . �tg;,-p��:. ... i� � The Contractor shall. make periodic reparts to the Board of County Commissioners:r:�`°' .,!� j::..�;.�•- �.. :i and County Manager containing results of his , ( � ' ! j �investiyations and propased recortunendations for action. No fozmal ;: po•sition shall be taY.en on behalf of Pitkin County beforc any '- . i: stat,� nr federal agencies or water districts unless and until i �� . ; approved in �dvancc by eithcr, The Contractor shall also submit a Pinal Report on termination of this Contract summarizing all • findings and recommendations made during the term hereof, and any further comments that the Contractor or County Manager feel.s appropriate. Article V: Termination for ��' Default or Far Convenience of County ��° 1: The performance of work under the Contract may be terminated by the County: ' a. Whenever the Contractor shall default in performance ;� of this Contract in accordance with its terms, and t� fails to cure or show cause why such failure to perform • � � should be e�:cused within ten days (or longer as the � .� County may a11ow) after receipt of a notice specifying 1 the default from the County, or , ��' !�'I b. Whenever for any reason the County shall determine �.% that such termination is in its best interest. • if � '�, . i '� 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 e�ithout I; ! the fault or negligence of the Contractor. Such causes may include, # !�� but are not restricted to, acts o£ God, natural disasters., strikes, � � {'' j or freight embargoes, but in erery case the failure to perform must f � _ � be beyond the control and withont the £ault ox neqligence of the } ; i `. ` Contractor. Upon request of the Contractor, the County shall j -.- ascertain the facts and failure, and, if the County shall determine i �% that any failure to perEorm constituted excusable delay, the i I delivery schedule shall be revised accordingly and notice of default ± withdrawn. ( i2. Notice of Termination. � s • ` ! In each event of termination, the County shall deliver to the ; "�'_; � t Contractor a written notice of termination, specifyinq the reasons � 1 t therefore, and the effective date of such termination, The ' , effective date shall not be earlier than the date of delivery of � � �^ the notice. - - 3 - ' .;�.';��.N.;ti r �y � �� C��h�,� ..�5:.� + � ._..�:-..,;.,. ,,;':� ; -;i 1� r -fW:��.K..s��•;��rra.o��:..:..4E�"�n�:G.�—r--.r.t�:- .. ,. -.. .,.. . .... _._ . .. ._:d,r?;�..�:43i:2F:f...............-.�...-,,.{.,....� -.«:.4':.M.� � .� , }�.�7,�Py , ! �:�tY;. ;� .f�:;..; 3. Tcrmination Procedure. t"""' '� :,I . . � ' ` After xeceipt of the notice of termination, unless otherwise � � � directed by the County, the Contractor sha1Z: ; �' a. Stop work undcr the Cont•ract on the datc specified � in the noticc of termination; - ' y b. place no further orders for mater9.als, services or , �: '� facilities; e � c. terminate all orders and subcontracts to the extent that thAy rclate to the performance of work terminated �' by the notice of termination; ' � d. with the approvul or ratification of the County to the " extent it may require, settle all outstanding liabilities , 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 � E ; final invoice in accordance with Article ITI, including costs incurred � � to the date of termination, and costs 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 o£ termination shall be ! i • � . ' paid to the Contractor. Such claim must be submitted promptl1, but , in no event later than three months from the e£fecitve date of termination, unless one or more extensions are granted in writing by the County. Upon the Contractor's failure to submit a claim � � i.n the time allowed, the County may review the information available f ' to it and determine the amount due the ContracLOr, if any, and pay ,:. • � the`Contractor the amount as determined. � 5. Settlement. • � Subject to Section 4, the Contractor and County may negotiate the � whole or �..� part of the amount or amounts to be paid, including � an allowance for the fee to Contractor by reason of the termination - � t of work. � 6. Remedies, � � i The Contractvr 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 his claim within the { 1 time �+ravided in Section 4 above and has failed to properly request � � extension, he shall have no right of appeal. In any case where the County has made a determination o� the amount due undcr Section 4 or f - 9 - �..s^a:=^":.:v., • f�':!�`'�:".' . �'' � r ''� ''� 4 ''.Y'""'�cw..�..k..na:e�_«...,.,.,��:�-s•.c,v �. - . ..- . _ - . � .. ....: � __.,.._...��,�..>..�..�,_._..�...-..,_.�..,.._._..,.._._..�....._�_ . ic+. � , � . � ��1 uf`' . t ' Fyv,a. ? abave, thc County sha1Z pay the Contzactor: (1) the amount the `�``��`�` �. �'.._;;. .. i� County has determined if there is no right to appeal or 1E no t timely appeal has been �aken, or ,(2) the amount finally determined � on such appeal if un appeul has bcen taken. t. 7, Method of Appeal. � � � Subject to Section 6, iE the Contractor disagrees with the ; Counti's detezmination under Section 4 or 5, he can appeal this . � decision in v�:iting 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 Couaty's response shall be final and conclusi.ve unless � �� within 30 days from the date of receipt of such response the Contractor �t�` f submits the dispute to a couxt of competent jurisdiction. �. • : , Article VI: Required Clause i � � The Contractor shall be subject to the £ollowing provisions: � � 1. Audit and Inspection of Records. � �: . �� The Contractor shall permit the authorized zepresentative of the � �'�� County to inspect and audit all data and records of 'the Contractor �� . f ,� � relating to his performance under the contract up to three yeazs ( t R after the completion o£ this Contract. - �� 2. Pzohibited Interest. � !�� Nc member, officer, or employee vf the Public Body or of a local F public body during his tenure or one year thereafter shaZl have any � _ �" interest, direct or indirect, in this Contract oz the proceeds thereof. � � 3. Equal Etnployment Opportunity. 5�` 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 national origin. The Contractor shall take affirmative action to insure that the t�'� { �� applicants are employed, and that employees are treated during i � their em lo i + p yment, without regard to their race, religion, color, � ' sex or nationaZ origin. Such actions shall inclu�e but not limited , � �' to the following: employment, upgrading, demotion or termination, } ; � rates of pay, or other forms of compensation, and selection for ' • , �: . � training, includinq apprenticeship. . � • J �..` 4. Minority Dusiness �nterprises. � i - In connection with thc perfozmance of this Contraat, the Contraator rrill cooperate wi.th the County in meeting his commitmcnts and goals - 5 - i '� . 1:=°��-, � i.r:.,.� S_ �_�� . . . � . { ��- , .� . . �1 •r'�1:��1'�.KWS.✓_�L":r�.1��11..-.w.YCY'IM1Cr.Y/G Mi /.n�-�. ....Yw a.A..:`i.Y�tS:ty�LP.!{��7�.�ALtl;::i��y.l..uh1':r.) t ......f_5+�.4..:�..:��.`�.xW}.lA.liiyfJr.... � �' , r ;zr,,,_. ;� . �. . ��,..� . . . ycrC:�__... �� : ,.�,,.. �;�:' t�ith regard to the maximum utilizatfon of minority business ��'�� .- _ . � `- en�exprises and will use its best effosts to insure that minority �f ,,;: . -, business entezprises shall have the maximum practicable opportunity ' to compete £or subcontract work if any under this Contraet. �T i �z j i Article VII: Subcontract, ., �"� `: Assignment of any portion of the work by subcontract must be ;� t• . � , �' approv<_•d in advance by the County. The County wi11 not be liab2e _.- �; for the cost assigned without such approval. Article VIII: Records ' _ �` . �; � The Contractor shall maintain complete and accurate books, ` � j: ; records and documents concerning the actual time devoted to this project. f+ ' � Article IX: Principal Professional The principal professional im�olved in this Contract is Mr. Mark + Fuller, who is considered essential to the performance of this ,;. Contract. In the event of death, disability of inability of � 'z Mr. Fuller.to perform, this Contract shall be automatically terminated. .,�; Article X: Governing Laws � —""j;� . . ��; This Contract shaZl be construed under the laws of the State of � 4 Colorado. • � �; • _ . y�..: , �.'. . , IN WITNESS of this Contract, the parties have set their hands " this �2 day of J��Y , 19 81. � � ., :� ,. � ' ��' � � .�. PITKIN COUNTY, COLORADO ATT�<dU"'`�1 By. ,(� �� • , Chairman �` : '�;:�, BOard of Pitkin Couaty '} \mmis 'on s �T • ` � • ' By. ' Mark Fuller APPROVED AS TO FORM: . / n , j .. .��Jrz`.__�� : � rSandra M.SCUller ^ � � � County 'Attorney � � 1 ;` � � ::`>,.� . . � ':,,�:;. - G - . �• , 1 }��