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Home My WebLink Aboutbocc.con.008.1986 �•:;*_.. � `:"� ., �� , , � �'� , - ( �,- . � :,.. �., . ,. ..r":'26+J, � 1..,.� ,1_,�;T� ,�„ ...Y.-�:' ,� i.:i�{, �7ic�-. �.' -� �n 1 `� .� . . . .i�,.� � i. � �L .. a � . .• - �IC41��r�v rfi:�t��:�i 1',i�'.'I l.'y�l)U � y i ;; . 4� AGREEMENT : CA 8(86) �`;i�.'`. d�.. � .:'.�.:3'� i" � • THIS AGREEMENT, made as of the date last below signed, �� by and between the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, . ;,:; COLORADO, hereinafter referred to as ^County," 506 East Main ,'. ;'�_' x� Street, Aspen, Colorado, 81611, and GARY PETERS, hereinafter �'i referred to as "Peters," 702 Midland Avenue, P.O. Box 14, Glenwood � .- :`�, r,-', . Springs, Colorado, 81602, both of whom understand and agree as follows: . � WITNESSETH: _ i�� ;,� WfiEREAS, the County desires to retain a Veterans Service ;*�� Officer pursuant to 1973 C.R.S. 26-9-101 et sea• and 26-10-101 et I � se , on a "contract employee" basis to serve U.S. Armed Services -� f '' t: Veterans residing in Pitkin County; and , "apS ' WHEREAS, the County Personnel Manual, in Chapter II, � "��' 4� ' � Section C.5., permits a contractual appointment on a part-time ,`.::� basis with compensation, benefits and duties set by the County; �;_:� and __;� . _,� WHEREAS, the County has solicited, advertised and ! , ;;� interviewed applicants for this appointment and Peters has been °�: . , .,,� selected as the most qualified respondent; ° � NOW, THEREFORE, in consideration of the mutual cove- �: � nants, terms and conditions herein contained, the parties hereto r;. , � i# agree as follows: �� Section l. Duties: �� The County hereby agrees to appoint Peters, and Peters ' _ ;;� agrees to accept appointment, pursuant to II.C.5. of the Personnel ._._ "s :° Manual, as Pitkin County Veterans Service Officer to perform those ,'i`� functions and duties listed or implied in C.R.S. 26-9-101 et sea• � .:'� for the benef�t of veterans residing in Pitkin County and their s;� ��' dependents and such other related tasks as the Board may from ::,, a•:;' �:� time to time direct. � �� -:c: #, �� 1 '�°S i'.� . j.:; . �_..�.L{?ya ' � � . �'�:ti..�'. t�� 1 .a� , , : �.��.,r�iw.d'� a''r h t�:�L Eit�r+w�f,t^: ' � "'�,f�,t#Z ` r�'�bt`r y. �'�;tr*�1� i r�r .�'�etis.'._�t� u.,. a :ro.• t i s �/.. _..�. . .. . �S_� . :. ... . n.�- _..r .... f..sav�.�h`.. . Section 2. Term: A. The ternt of this Agreement shall be for two years; • i from October 1. 1985 tp SeDtember 30. 1987 ; provided �-'��'� ' that regular six-month reviews of performance shall be held, and ,�' ! �:. - if Peters� performance has not been satisfactory to the County, ` County may terminate this Aqreement. Renewal of this Agreement, � 3 if any, shall be subject to the mutual agreement of the parties. „ � B. Nothing in this Agreement shall prevent, limit or j� _�;' ± otherwise intarfere with the right of tha County to terminate } + this Agreement for cause, subject to such notice and hearing as . F � may be required by law. . • c. The County may terminate this Aqreement, pursuant to � ; Section 2.A, or 2.8., by written notice of termination sent by . certified mail to Peters at the above address, which notice shall be effective ten (10) days after raailing. � �'. D. Petezs may terminate this Agreement thirty (30) days after written notice of such intent has been sent by certi- � , . f • fied mail to the County at the above address. �. Saction 3. County RepresentativejOffice/office Hours: " . �: Subject to the provisions of ParagYaph 9, below, the County's representative for the administration of this Agreement shall be the Social Services Director. Peters shall be provided `�� fi: �`. with non-exclusive office space at the Community Center, as _ ' identified on the attached Exhibit �_, and mittimal telephone i;..5 �;. � and secretarial support through the Social Services office. Use �i 1 -:�i of the office by Peters is subject to same rules and regulations � as County employees. � Peters shall keep published and regular office hours as � he deems effective and necessary to an average of eight (8) hours .. . per week. - . section 4. Compensation:.. The County agrees to compensate Peters on a bi-weekly basis through the payroll system for services rendered pursuant hereto at the gross rate of $10.00 an hour to a maximum County axpense of $4,800.00 per year. 2 ::�;�;.- . ' . .�Nf�A-!�'. � . :..�� . :•��.C"'� . � h =!��`�'. ' ' -.+q�,y' s �.>*i':: ,r..�, a. �1�,"�A"vi ...� �- . .,�� . �.:r: .,"= � , �, . ., ,.. . Y , �3 �., .,,_:. 4 4, �{¢� $.. ..._�.r_ . . . � �Aa: . „ ��:�c�� . �s, . _ . `x_ �f�_ . tf, tic ,. Section 5. Part-time/OVertime/Comp Time: � Peters shall be considered a part-time contract appoint- ment and shall not be entitled to overtime a or com time. ' , P Y P � -�" ' . � •: Section 6. Benefits: � �,, i� . A. Peters shall not be entitled to any County employee ?' benefits. �' B. Peters shall not be entitled to unemployment compen- - sation insurance payments on his behalf and, by signature below, �. " . '.d� expressly waives and releases the County for any claim for un- _ employment benefits arising from the expiration or rightful , termination of this Agreement. . C. In the event of a dispute over compensation, bene- " fits, responsibilities, working conditions or other matters arisinq from this Agreement, which matters are covered in the . Pitkin County Personnel Manual (except for the 2.A. review, which is expressly excluded), the parties agree that the dispute shall , � r F � be subject to the administrative grievance, review and appeal -• - - procedures identical to those provided in the Personnel Manual. � Section 7. Compliance with Procurement Code and Applicable State Contracting Law: A. The parties acknowledge that this Agreement is entered into subject to the requirements of the "Pitkin County ' ��. Procurement Code,° (Section s.5 of the Pitkin County Home Rule � . Charter, Resolution No. 82-37, April 12, 1982). As such, Peters - agrees to comply with all applicable requirements of said Procure- !;� ment Code, and such requirements are incorporated herein by this �; `., - reference. _�. tii•` , 1; ; B. Peters shall immediately notify the County Manager - of any violation of said code by the County's employees or agents, - _ and failure to so notify the County of violations within five (5) days of knowledge of such violations shall be considered a breach • •. of this Agreement. Further, such failure to notify the County of violation of the Procurement Code within five (5) days of know- ledge shall be deemed as a waiver of any action or defense that Peters may have against the County by reason of such violation of the Procurement Code. 3 n_ . �� , . • `r�`�� r��;��' . , ;�� .. � i ::��t ,: :_ .�.. �.d. �. > �, . ; . , . . Section 8. Indemnity/Hold Harmless: ' Peters shall indemnify and hold harmless the County from . any and all claims, demands, judgments, liability, damages (in- �;: . cluding costs of defense), suits, actions or causes of action, as .�...-- may result from any error, omission, neqligent act, reckless act � ,::;� or intentional act which may be brought or asserted against the �` k � County for or on account of the work performed under this Agree- -: • ` ment or any resulting liability alleged to accrue against the �'. �;;�y ��,- ' . '�.- County on account of acts, errors or omissions by Peters in connection with this Aqreement. • ;� Section 9. Integration and Modification: This Agreement constitutes the full and complete agree- ;� . • ;'� ment of the parties and supercedes or incorporates any prior � �. ,-.� ?. ?�q written and oral agreements of the parties. In addition, Peters ';� understands that no County official or employee, other than the ';� :� Board of County Commissioners acting as a body at a Board meeting, •`�� has authority to enter into a contract or to modify the terms of r' � � ~;;� this Contract on behalf oE the County. Any such contract or ;� modification to this Contract must be in writing and be executed by the parties hereto. k'� _� Section 10. Miscellaneous: a A. The contract is to be construed under the laws of t >:� ,:=� the State of Colorado and venue is agreed to be exclusively in � � i�t e the County of Pitkin County, Colorado. .. A "`: B. This Agreement was negotiated and reviewed throuqh -'s� the mutual efforts of the parties hereto and the parties agree �:, � ;� that no construction shall be made or presumption shall arisa for ;; _ or against either party based on any alleged unequal status of � ""' the parties in the negotiation, review or drafting of this Agree- :� _ _ .�: ment. ;, ' ._:. : .;� ; ; _ C. In the event of legal action to enforce any of the f `:�: . �• provisions of this Agreement, the prevailing party shall be �:�:i �s':'I entitled to recover its costs and reasonable attorney fees from =;*t ��7�� the other party. . .'.Y�at� �. �i ``� . %:�� 4 `�� :�r� th :i' i-'. ��"'�,��_ • ' . . . � 1 ' �+.. �S.?:.�r:: ,�Ja;�w'��: � � F l .��n'��.': �.. 4 . . �' '_.^: •..4;: � �` ..,'"� ;. ' �..,,. ,: . .. �'.' .' `. __ ,.. �; ;.� ..�.;:. :� �� }5`;' �:. �� . , ^� � � � �,: : 4.� _-Y ..a::_ � �. •- ., ... ...��.. � k., _ . � ;:j .� . _ . - a :i ZN WITNESS WHEREOF, the parties have set their hands � and seals this z4TH day of FEBRUARY � 19 g[ ` � BOARD OF COUNTY COMMTSSIONERS � ATT S OF PITKIN COUNTY, COLORADO - ^`' . n.!� . ... __... � By. � . _ '„ Lew 5canlan H e R a rud =P ;� Deputy Clerk & Recorder Chairwo an t`„`' s,1 i-� . . � � . � CONTRACTOR: ? .a �',�.,;:. , � . � G. y er , � `{ RECOMMENDED FOR APPROVAL: � :1 Mike Schu '�z ' r DireCtor of Social Services • ; �= • APPROVED: • 1^ �/ � �r:�� Eldert - - County Manager � , �. APPROVED AS 0 FORM: ;;+. - ' -� r �� •x �� ; �; �;` Gary/S. Esa 'S�• � ' �. Assi�ta t`C unty Attorney ;:. r._... . �-� �,,,y.. .. �or+� �� .,__�': . Tom Oken �.::; Finance Airector ,( ' 5 _.�� . :�'��,;:;.. .�� ' � �t}2 ' � . , �,_ � ;r �` �,i.�� `,��i ' 4-'� ` >,.: '�±a�,��x'S�jy1. 1�3�e �x'��;'�,� �.'t `�� ;� • ;� i"�� y r vh.. ;. �:��c .. . � { �w} � J`T.p'`�� "�� k. �' � '.�n� �Y��,.''i�.s�' t+'Xl t� ��; � � ,-Zx. 1"3't.i�ff�y .�y y� "h L � � Y � R�:`. (-�� }y, ,�1,+�',ST.,.'.L:-• . :liWr.Y'Yw T' -'��. !}n, t�� . . . 1r� JL�+..�� ^ �:�� ...�r��:j .. . . ' � � • � . ' Y� � . ' . �: • � ' - � � — , \ , � � _ J i. 3 ( r • � . . � --' . - - — A k.., . � L'n . .� f v�� . 1 � • . � ' " - { , � � . � yL � . *,.� ., N i . � ' -- _ `i �. � � r . . , • � �� i . , • • _ �1;r: � � ! . �f - � . � , '- . � • • i 1S . � , � ;', ; . �.4� ..r. ' ,i �. �- . - . i�� ... ' . ��. . . � . i.- . '. ' . . � � ❑ . . . � �.,: :: . .. f,;. . , . , : �° .. � f . � . : _ � ��, ._. �s� s�c�s o�FZC�x — .�. _ . ::,".. ,Y,: _ . � ' . �.4:- a 1/ � �.�.�� ' � � , . � ' { � ....:.._�..;�:.,....:' 1".'"..�..'.. • .