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HomeMy WebLinkAboutC80-023 Allen Gerstenberger 8.26.80CONTRACT THIS CONTRACT, made this 0 15� day of y Sj 1980, by and between the County of Eagle, hereinafter referred to as the County, and Allen Gerstenberger Associates, hereinafter referred to as the Contractor. WHEREAS, the County has established a Jail Advisory Committee to investigate the need for new and/or improved criminal justice programs and detention facilities for Eagle County; WHEREAS, the Advisory Committee has determined the need for technical consulting services and administration services to assist them in executing their responsibilities; WHEREAS, the County desires to engage a contractor to render certain technical and professional services for data collection and analysis, the evaluation of alternative sites, preparation of building programs, preparation of funding programs, and other administrative and coordination tasks as the Committee should from time to time deem appropriate or necessary; WHEREFORE, the Contractor is capable and willing to perform the services; NOW THEREFORE, IT IS HEREBY AGREED THAT 1. DEFINITION OF SCOPE: The Contractor shall commence, carry on, and complete the Project with all practical dispatch, in a sound, economical and efficient manner, and in accordance with the Attached Exhibit A, "Proposal for Planning and Coordination Services to the Eagle County Criminal Justice/Jail Advisory Committee," dated 23 June 1980. 2. SUBMISSION OF PROCEEDINGS, CONTRACT AND OTHER DOCUMENTS: The Contractor shall submit to the Committee such data, reports, records, contract and other documents relating to the Project as the County may reasonably require. The Contractor shall retain intact, for one year following project close-out, all project documents, financial records, and supporting documents. C'' 3. DOCUMENTATION OF PROJECT COSTS: All costs, charged to the Project, including any services contributed by the Contractor or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or (7% J vouchers evidencing in detail the nature and propriety of the charges. 4. TIME OF PERFORMANCE: This Contract is effective through Phase I as set forth in Exhibit B. 5. FEES AND COMPENSATION: Contractor fees are based on the hours spent on each job. Principal time is billed at $30 per hour and associates and support personnel at $10 to $25 per hour as appropriate. Reimbursable expenses and direct costs are in addition to the fees for professional service and include actual expenditures made by the employees of the Contractor necessary for the completion of the project. Direct costs, such as printing and photography, reimbursable expenses such as postage, mileage, phone, consultants, and xerography are billed directly and are invoiced at cost plus 15%. Mileage is billed at 18-1/2c per mile. 6. MAXIMUM COMPENSATION: Maximum compensation for all costs, reimbursable expenses, and other charges shall not exceed $29,435 for the work tasks 1-8, in- cluding 10 public presentations and administrative support, as specified in Exhibit "B". 7. PAYMENT: The Contractor shall bill the County monthly for all fees, reimbursable expenses and direct costs incurred. If the invoice is submitted by the 25th of the month, the County shall make payment by the 15th of the following month. 8. PROGRESS REPORTS: The Contractor shall meet with or submit written reports at least monthly to the Eagle County Jail Advisory Committee and/or the County Commissioners at their request. 9. TERMINATION OF CONTRACT: This agreement may be terminated by either party upon seven days written notice. In the event of termination, the Contractor J 2 shall be paid compensation for services performed to termination date, including reimbursable expenses and direct costs then due. In that event, all finished or unfinished documents, data, studies, surveys, and reports or other material prepared by the Contractor under this Contract shall become the propoerty of the County after just and equitable compensation is received by the Contractor. 10. CHANGES: The Committee may, from time to time, require changes in the scope of services of the Contractor to be performed hereunder. Such changes, in- cluding any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the County and Contractor, shall be incorporated in written amendments to this Contract. 11. EQUAL EMPLOYMENT OPPORTUNITY: 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 ensure the applicants are employed without regard to their race, religion, color, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 12. INTEREST OF CONTRACTOR: The Contractor covenants that he presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The Contractor further covenants that in the performance of this Contract no person having any such interest shall be employed. 13. FINDINGS CONFIDENTIAL: Any reports, information, data, etc., given to or prepared or assembled by the Contractor under this Contract which the County requests to be kept confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the County. 14. PUBLICATION, REPRODUCTION AND USE OF MATERIAL: The County shall have 1. unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other material prepared under this Contract. 15. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution and enforcement of this Contract. 16. The signatories hereto aver that they are familiar with 18-8-301, et sec., (Bribery and Corrupt Influences) and 18-8-401, et sec., (Abuse of Public Office, C.R.S. 1973, as amended, and that no violation of such provisions is present. 17. The signatories aver that to their knowledge, no County employee has any personal or beneficial interest whatsoever in the service or property described herein. 18. The Contractor as an independent Contractor, its agents and employees will receive no benefits directly or indirectly that accrue to County employees in the performance of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day first written above. Allen Gerstenberg Independent Contr Dale F. Grant, Chairman ATTEST: Board of County Commissioners Eagle, Colorado erk of the Bo of ounty Commissioners