HomeMy WebLinkAboutbocc.con.162.2014 Rev. 08-30-11 jls
COUNTY CLERK'S
CONTRACT COVERSHEET
CONTRACT #: 162-2014
ORIGINATING DEPARTMENT: Library
PROCUREMENT OFFICER: Kathleen Chandler .PHONE #: 970-429-1910
PROJECT NAME: Fundraising Consultant CONTRACTOR:. Judy Clauson
DOLLAR AMOUNT: $45,000.00 LINE ITEM# 16663-92863-86200
CONTRACT EXECUTION DATE: 3/15/2014 CONTRACT END DATE: 5/31/2016
AUTOMATIC RENEWAL: ❑ YES ®NO TERM: 14 months
❑ BOCC AGENDA ITEM (Grants, IGA) ® STAFF AUTHORIZED SIGNATURE
(Requires BOCC Signature) (Per Revised Procurement Code 7/2005)
❑ OVER$50,000(Requires Section Leader&County Manager's Signature)
✓ CHECK PROCUREMENT TYPE:
❑None ® Informal ❑ Formal ❑ Sole Source ❑ Emergency ❑ Outside Agency/State Bid
Z Compliance with C.R.S. 8-17-5-101, 102 as amended(Immigration Fonn) ❑ Exempt
❑ Contract Renewal
✓ CHECK CONTRACT TYPE:
® Services/Maintenance ❑ Employment
❑ License/Use ❑ Intergovernmental Agreement(Resolution Required)
❑ Lease ❑Non-Profit
❑ Construction ❑ Quasi-Public (e.g:AVH)
❑ Goods, Equipment, Supplies ❑ Grant Agreements (Notify Finance& Resolution Required)
❑ Other(e.g. revenue) ❑ Change Order/Contract Amendment
(C/O: 10%or$25K whichever is the lesser must have County Manager signature)
All Contracts should be proofed and all exhibits and notices must be attached for the following:
✓ ®No Pages Missing V® All Other Blanks Filled In
✓ ❑ If Page Left intentionally Blank—Note on Page ✓❑ All Exhibits Attached
✓ ® Page numbered consecutively ✓❑ All Legal Descriptions attached (f applicable)
✓ Z All Original Signatures Affixed ✓❑ Notice of Award/Notice to Proceed Attached (if applicable)
✓ ® All Dates Filled In ✓❑ Warranty(if applicable)
✓ ❑ Special Instructions for Finance Department:
✓ ® Authorized Procurement Officer's Name: Kathleen Chandler
BY CHECKING ABOVE AND ENTERING NAME,THE AUTHORIZED STAFF PERSON INDICATES THAT
THE ATTACHED DOCUMENT HAS BEEN PROOFED AND READY FOR SCANNING.
NOTE: CLERK'S OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE
ARCHIVES RETAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST!
Contract# 162-2014 r. i; i
Budget Line Item#16663-92863-86200
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CONTRACT FOR PROVISION OF SERVICES
Fundraising Consultant
THIS CONTRACT is made and entered by and between the Pitkin County Board of County
Commissioners ("County") and Judy Clauson PO Box 6968, Snowmass Village, Colorado
81615(hereinafter"Contractor").
1. Term. The term of this contract is from March 15, 2014 to May 31, 2016.
2. Contractor's Obligations. Contractor shall complete objectives selected from the following
scope of work when mutual agreement is reached to proceed on a single objective or group of
objectives. The Pitkin County Library may choose to not have the Contractor complete all of the
tasks in this scope:
IMMEDIATE NEEDS through fall 2014
1) Close commitment with current major gift prospect by preparing appropriate timeline for
commitment,pledge,payments schedule, naming rights and other documents as required
2) Develop a timeline for the current project and its approval, public meeting, communication
and fund raising requirements
3) Coordinate with architect and marketing staff the preparation of a basic explanatory
document of current project for use with donors and the public including what the project
intends, why that is needed, how it benefits the public,how it will be funded,and why people
should support this project
4) Establish a working group to guide all fund raising efforts including the Executive Director,
members of the Board and other appropriate individuals
5) Write for the Board's approval necessary gift acceptance policies to protect the Library
including what constitutes a gift, what recognition a donor might receive,pledge and
payment requirements for capital projects, and naming rights
6) Explore feasibility of support from other potential major donors and guide the effort to
engage those prospects
7) Provide support to the marketing staff for the communication plan for the project including
events,mailings,messaging for public hearings, social media and other electronic means
8) Plan donor recognition and celebration of completed effort for start of construction
ONGOING PROJECT NEEDS from start of construction through completion of project
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Contract# 162-2014
Budget Line Item#16663-92863-86200
1) Plan and direct ongoing communication to public and donors about the status of the project
as construction proceeds
2) Plan community celebration along with special donor events for project completion
ONGOING NEEDS after project is under construction and well before year-end appeal
1) Develop effective plan for ongoing annual giving that ties the effort to the goals of the 2009
"Planning for the Future"document
2) Develop donor recognition program that engages contributors and deepens their commitment
to the Library's goals including Friends of the Library events, visual recognition of donors in
the Library,and cultivation of key individuals
3) Develop stronger fund raising culture in the Board, adding donors as appropriate, and the
staff, engaging them in programs for donors
LONG TERMS NEEDS as time permits after project is under construction
1) Develop and implement ongoing wills and bequests program to encourage supporters and
volunteers to name the Library in their wills
2) Research similar institutions for their fund raising strategies and results
PROJECT FEES: A period of intense activity is anticipated between contract start and ground-
breaking that may result in approximately 60 hours/month worked; work after that time is estimated
at 30 hours/month for a period to be mutually agreed upon.
The fee for consulting will be billed at a rate of$100/hour; any direct expenses such as reproduction
of documents will be billed at cost. Fees are billed monthly with the expectation of payment within
30 days.
3. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate
Contractor for its services in accordance with the Project Budget and Schedule set out in Paragraph 2.
It is expressly understood and agreed that in no event will the total compensation and reimbursement
to be paid hereunder exceed the sum of $45,000.00 for all services rendered. By contract or
amendment, the County and Contractor may reallocate the budget among project tasks if the total
budget amount remains unchanged. Contractor shall invoice for the project monthly based on hours
worked, with payment expected within thirty (30) days of invoice, but any payment by the County
may be offset by any amount the Contractor owes the County for any reason.
4. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and
other documents prepared by Contractor in connection with this contract shall be the property of the
County. However, Contractor shall have the right to utilize such documents in the course of its
marketing, professional presentations, and for other business purposes. Contractor assigns to County
the copyrights to all work prepared, developed, or created pursuant to this contract, including the
right to: 1) reproduce the work; 2) prepare derivative works; 3) distribute copies to the public; 4)
perform the works publicly; and 5) to display the work publicly. Contractor shall have right to use
materials produced in the course of this contract for marketing purposes and professional
presentations, articles, speeches and other business purposes.
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10. Severability. In the event that any provision of this contract shall be held to be invalid or
unenforceable, the remaining provisions of this contract shall remain valid and binding upon the
parties hereto
11. Integration and Modification.
A. This contract represents the entire and integrated contract between the County and the
Contractor and supersedes all prior negotiations, representations, or contract, either written or oral.
This contract may be amended only by written contract signed by both the County and the Contractor.
B. The County may, from time to time, request changes in the scope of services of the
Contractor to be performed hereunder. Such changes, including the increase or decrease in the
amount of the Contractor's compensation, which are mutually agreed upon between the County and
the Contractor, shall be in writing and upon execution shall become part of this contract.
12. Indemnity.
A. The Contractor agrees to indemnify,hold harmless and, not excluding the County's right
to participate, defend the County, its subsidiary,parent, associated and/or affiliated entities, successors,
or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency
issuing permits for any work included in the project„ hereinafter referred to as indemnitee, from all
suits and claims, including attomey's fees and cost of litigation, actions, loss, damage, expense, cost or
claims of any character or any nature arising out of the work done in fulfillment of the terms of this
Contract or on account of any act, claim or amount arising or recovered under workers' compensation
law or arising out of the failure of the Contractor to conform to any statutes, ordinances,regulation, law
or court decree. It is agreed that the Contractor will be responsible for primary loss investigation,
defense and judgment costs where this contract of indemnity applies. In consideration of the award of
this contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary,
parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees,
employees, agents, and volunteers for losses arising from the work performed by the Contractor for the
County.
B. The Contractor further shall investigate, process, respond to, adjust, provide defense for
and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole expense and shall
bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless,
false or fraudulent.
13. [Intentionally blank]
14. Exemptions and Preferences. All purchases of construction or building or any other materials
for this contract shall not include Federal Excise Taxes or Colorado State or local sales or use taxes.
Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5K.
15. Records. The Contractor shall maintain comprehensive, complete and accurate books, records,
and documents concerning its performance relating to this contract for a period of three (3) years after
final payment under the contract and the County shall have the right within the three (3)year period to
inspect and audit these books, records and documents, upon demand, in a reasonable manner and at
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Budget Line Item# 16663-92863-86200
reasonable times, for the purpose of determining, by accepted accounting and auditing standards,
compliance with all provisions of the contract and applicable law.
16. Contract Made in Colorado. The parties agree that this contract was made in accordance with
the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the
courts of Pitkin County, Colorado.
17. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of
this contract beyond the arbitration described in Paragraph 9, the substantially prevailing party shall be
entitled to its costs and reasonable attorney's fees.
18. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on
and does not waive, by any provision of this contract, the monetary limitations or terms (presently
$150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections
provided by the Colorado Governmental Immunity Act, 24-10-101, et seq., C.R.S., as from time to
time amended, or otherwise available to Pitkin County or any of its officers, agents or employees.
Further, nothing in this contract shall be construed or interpreted to require or provide for
indemnification of the Contractor by the County for any injury to any person or any property damage
whatsoever which is caused by the negligence or other misconduct of the County or its agent or
employees.
19. Current Year Obligations. The parties acknowledge and agree that any payments provided
for hereunder or requirements for future appropriations shall constitute only currently budgeted
expenditures of Pitkin County. Pitkin County's obligations under this contract are subject to Pitkin
County's annual right to budget and appropriate the sums necessary to provide the services set forth
herein. No provisions of the contract shall constitute a mandatory charge or requirement in any
ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract
shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other
financial obligation of Pitkin County within the meaning of any constitutional or statutory debt
limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments
beyond those appropriated for Pitkin County's then current fiscal year. No provisions of this
contract shall be construed to pledge or create a lien on any class or source of Pitkin County's
moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds
or any obligations payable from any class or source of Pitkin County's money.
20. Notice. Any written notice required by this contract shall be deemed delivered through any of
the following: (1) hand delivery to the person at the address below; (2) delivery by facsimile with
confirmation of receipt to the fax number below; or (3) within three (3) days of being sent certified first
class mail, postage prepaid,return receipt requested addressed as follows:
A. Kathleen Chandler with copies to:
Pitkin County Library Pitkin County Attorney's Office
120 North Mill Street 530 East Main Street,#302
Aspen, Colorado 81611 Aspen, Colorado 81611
Fax 970-925-3935 Fax: (970) 920-5198
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Contract# 162-2014
Budget Line Item#16663-92863-86200
B. To Contractor:
Judy Clauson
PO Box 6968
Snowmass Village, Colorado 81615
21. Public Contracts for Services and Public Contracts with Natural Persons. In conformance
with the provisions of C.R.S. § 8-17.5-101 and 102, as amended and C.R.S. § 24-76.5-101, as
amended
PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements
relating to the offer, issuance, or sale of securities, investment advisory services or fund
management services,sponsored projects, intergovernmental agreements, or information
technology services or products and services] Contractor certifies, warrants, and agrees that it does
not knowingly employ or contract with an illegal alien who will perform work under this contract
and will confirm the employment eligibility of all employees who are newly hired for employment in
the United States to perform work under this contract,through participation in the E-Verify Program
or the Department program established pursuant to CRS §8-17.5-102(5)(c), Contractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract or enter into a
contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not
knowingly employ or contract with an illegal alien to perform work under this contract. Contractor
(a) shall not use E-Verify Program or Department program procedures to undertake pre-employment
screening of job applicants while this contract is being performed, (b) shall notify the subcontractor
and the contracting State agency within three days if Contractor has actual knowledge that a
subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall
terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal
alien within three days of receiving the notice,and(d) shall comply with reasonable requests made in
the course of an investigation, undertaken pursuant to CRS §8-17.5-102(5), by the Colorado
Department of Labor and Employment. If Contractor participates in the Department program,
Contractor shall deliver to the contracting State agency, Institution of Higher Education or political
subdivision a written, notarized affirmation,affirming that Contractor has examined the legal work
status of such employee, and shall comply with all of the other requirements of the Department
program. If Contractor fails to comply with any requirement of this provision or CRS §8-17.5-101 et
seq.,the contracting State agency, institution of higher education or political subdivision may
terminate this contract for breach and, if so terminated, Contractor shall be liable for damages.
PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS &24-76.5-101. Contractor, if a natural
person eighteen (18)years of age or older, hereby swears and affirms under penalty of perjury that he
or she(a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b)
shall comply with the provisions of CRS §24-76.5-101 et seq., and (c)has produced one form of
identification required by CRS §24-76.5-103 prior to the effective date of this contract.
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Contract# 162-2014
Budget Line Item#16663-92863-86200
IN WITNESS WHEREOF, the parties have executed this contract as of the date first set out herein
above.
CONTRACTOR: �U ti "j C_ _AC C k a i
By: /L -Sk- / • tat"a
Title /1,2 Osti - Lt ( f*
D:te
PITKIN CI a -TY, COLO• •a l
B • Aktd4. I ;:d%��77/Z(I
Authon Signer Date
STANDARD LANGUAGE approved verbally on May 16, 2014 by
John Ely, County Attorney
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