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Home My WebLink About1980-Lester Douglas Consulting ServicesCONTRACT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND LESTER L. DOUGLAS CONSULTING SERVICES - EAGLE COUNTY BUILDING DEPARTMENT THIS CONTRACT, made and entered into this `e -""day of 198 6, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to as the "County" and Lester L. Douglas, hereinafter referred to as "Douglas". WHEREAS, the County has the legal authority pursuant to § 30-11-101, 30-11-107 and 30-28-201, et seg., respectively, C.R.S. 1973, as amended, to make and enter into contracts and to do all other acts in relation to the property and concerns necessary to the excerise of the County's corporate or admin- istrative powers relative to the enforcement and administration of the Building Resolution, County of Eagle, State of Colorado, 1980, as amended; and WHEREAS, the County is in need of the services of a consultant possessing the skills and ability required to assist the Eagle County Building Department in the administration and enforcement of the Building Resolution of the County of Eagle; and WHEREAS, Douglas, through his previous experience as Eagle County Building Inspector, possesses the requisite skills to perform such duties; and WHEREAS, the County is therefore desirous of engaging the services of Douglas as a Consultant to the Eagle County e Building Department, under the direction of the Board of County Commissioners. NOW, THEREFORE, for and in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto agree hereby as follows: SECTION ONE GOVERNING LAW This Contract shall be subject, generally, to all applicable provisions of the rules and regulations of the County of Eagle, State of Colorado, and the laws of the State of Colorado and the rules and regulations issued pursuant thereto. SECTION TWO SCOPE OF WORK Douglas shall provide to the County the following information and perform the following duties in his capacity as a consultant to the Eagle County Building Department; 1. To provide assistance and furnish technical know- ledge in the interpretation, administration, and enforcement of the Building Resolution, County of Eagle, Colorado, 1980, as amended, in conjunction with the Uniform Building Code, 1979, as amended; and 2. To make every reasonable attempt to be available during the hours 8:00 A.M. through 12:00 Noon, Monday through Friday, for consultation by means of the telephone; and 3. Upon reasonable advance notice, to meet with the Board of County Commissioners, the Eagle County Building Inspector, or their designated representatives at the Eagle County offices for the purposes of providing consulting services, to attend 0, prearranged meetings, and/or to provide such other assistance as the Board of County.Commissioners or the Eagle County Building Inspector may from time to time require; said meetings which require Douglas to travel from Denver to Eagle to not exceed two trips per month. SECTION THREE TERM OF CONTRACT Unless sooner terminated as provided for herein, this Contract shall be effective immediately and shall terminate February 28, 1981. Notwithstanding the foregoing provision, either party, with or without cause, may terminate this Contract upon the giving of ten (10) days prior written notice of such termination to the other respective party. Notice shall be deemed to have been given upon the mailing of said Notice by United States, certified, first-class mail, postage prepaid, and addressed to the parties at their respective addresses as shall appear herein, or upon a change of address pursuant to this notice provision. Upon the expiration of the primary term referred to herein, this Contract may be renewed upon the same terms and conditions of the primary term for additional terms of thirty (30) days not to exceed six such renewals; provided, however, that the respective parties hereto mutually agree in writing to such renewal. SECTION FOUR COMPENSATION The County shall pay Douglas, and Douglas shall accept from the County, the following compensation; 1. A compensation rate of One Thousand Two Hundred Dollars ($ 1,200.00) per month. 2. Reimbursement, at cost, for out-of-pocket expenses including, but not limited to, the following: a. Douglas shall be reimbursed for actual travel expenses based upon the most economical and efficient means available. Automobile mileage shall be paid at the rate of $ .20 per mile for personal vehicle usage based upon the shortest or most efficient route available. b. Lodging - Douglas shall be reimbursed for actual necessary lodging expenses at the single rate offered by hotels or motels within reasonable proximity of the place of business. C. Meals - Douglas shall be reimbursed for actual expenses relative to meals. d. Communications - Douglas shall be reimbursed for actual expenses relative to postage, telegraph and long distance telephone charges. e. In addition to those items specified herein above, Douglas shall be reimbursed for other reasonable expenses which may be incurred in the performance of his duties pursuant to this contract, i.e., registration fees, materials and supplies, typing and reproduction. 3. A plan checking fee at the rate of fifteen dollars ($ 15.00) per hour for each individual plan checked and reviewed. Douglas shall be compensated on a monthly basis. Each monthly invoice shall include therein a substantiation and itemization of the services rendered and expenses incurred. The charges, fees, and/or hourly rates referred to here- in above shall be binding upon Douglas and shall not be exceeded unless expressly agreed to by the County in writing. No additional costs, expenses, and/or charges entailed by Douglas in the performance of this Contract shall be reimbursed by the County unless expressly authorized by the County in writing. All payments for work done herein are contingent upon the satisfactory progress of the work and the work itself being satisfactory to the Board. Payment on approved invoices shall be made within fifteen (15) days of receipt of the respective invoice. SECTION FIVE AMENDMENTS TO THIS CONTRACT Any substantive modification of this contract shall be made in writing, mutually agreed to and executed by both parties hereto, and shall not affect any unmodified portions of this contract. The County and Douglas agree to consult with each other in all aspects in the performance of this Contract, and agree to negotiate in good faith to solve any problems which may arise. SECTION SIX ADDITIONAL PROVISIONS 1. The parties of this Contract intend that the relationship between them contemplated by this Contract is that of employer -independent contractor. 2. This Contract supersedes all negotiations, conver- sations or discussions heretofore had between the parties related to this contract. 0 3. Douglas shall not assign, transfer, convey, pledge or otherwise dispose of this contract without the prior written consent of the County. 4. Any covenant, condition or provision herein contained that is held to be invalid by any Court of competent jurisdiction shall be considered deleted from this contract, but such deletion shall in no way affect any other covenant, condition or provision herein contained so long as such deletion does not materially prejudice the respective parties hereto in the respective rights and obligations contained in the valid covenants, conditions or provisions of this contract. 5. All covenants, conditions and provisions in this contract shall extend to and bind the legal representatives, successors and assignees of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have entered into this Contract as of the date first above written. COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS J� ATTEST: By: oaa Dale F. Grant, Chairman P.O. Box 850 Eagle, Colorado 81631 Telephone: 328-7311 By. lerk of th oard o County Commissioners