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Home My WebLink AboutC87-059 Rosall Remmen and Cares, Inc. master plan for task force;87-59-28 AGREEMENT FOR PROFESSIONAL SERVICES RELATED TO THE PREPARATION OF A RECREATION MASTER PLAN AND RELATED DOCUMENTS FOR THE EAGLE COUNTY TASK FORCE This Agreement made on cq 7 tt-- , 1987, between the County of Eagle, State of Colorado, by and through its Board of County Commissioners, hereinafter referred to as "County"; and Rosall Remmen and Cares, Inc., hereinafter referred to as "Consultant." In consideration of the rights and obligations set forth below, the parties agree as follows: ARTICLE 1: General Scope of Services Consultant shall prepare a Recreation Master Plan for the Eagle County Recreation Task Force. This work effort will be under the direction of the Task Force and the staf f of the participating governmental entities. ARTICLE 2: Consultant Work Program and Duties See Appendix A - attached. ARTICLE 3: Responsibilities of County 3.1 County shall provide the Consultant copies of all information in its possession which is relevant to the project, including all base maps, inventory of population, statistics, relevant background reports and projections, and other studies in the possession of the Task Force which would assist in the carrying out of the obligations by the Consultant. 3.2 County will provide meeting space, coordinate the logistics and provide adequate notice for all public meetings, workshops, and public hearings conducted in the course of this effort. ARTICLE 4. Payments to Consultant 4.1 County shall pay the Consultant an amount not to exceed $16,500 in total compensation for its services and reimbursable expenses incurred in connection with this Agree- ment. Such is the estimated amount required to cover all work tasks as described in Article 2. It is mutually agreed that the cost may not vary from the amount shown and that the fees are fixed amounts, and in no event will the total payment to the Consultant exceed the $16,500 amount without a specific change order to this Agreement altering the scope of the project. 4.2 Consultant may bill its charges to the County for its services and expenses hereunder not more than once a month according to the Rate & Expense Schedule included in Appendix A. Each bill shall cover only the services performed and expenses incurred since the last bill, or, in the instance of the initial bill, since the date services began. 4.3 County will pay each bill within 30 days of its receipt. If County fails to pay Consultant in full, less a fifteen percent retainage, within 30 days of the receipt of the bill, the amount shall include a late charge at the rate of one and one-half percent per month from the thirtieth day. The fifteen percent retainage will be payable upon completion of work required under this Agreement by Consultant. Payment of the final invoice for this scope of services shall be made upon determination by the County Director of Community Devel- opment that all requirements under this Agreement have been completed, which determination shall not be unreasonably withheld. 4.4 Upon reasonable advance request, County may inspect and copy any and all records of Consultant which would bear upon any amounts charged to County in any particular bill or bills. 4.5 Each monthly bill shall include a statement which summarizes the work completed by individual members of the Consultant team, including in-house personnel. ARTICLE 5: Period of Service kTM period of service under this Agreement shall commence' s , 1987, and shall expire September 31, 1987. The pr visions of these Articles and the compensation for the Consultant's services have been agreed to in anticipation of an orderly and continuous progress of the project. Should the project be delayed or suspended in part beyond the expiration date by the County or any Governmental Authority, or any cause beyond the control of the Consultant, the payments to Consultant shall be subject to negotiations. ARTICLE 6: Agreement Amendment 6.1 Amendments to this agreement shall be signed by both parties. Amendment changing the scope of work shall be made by change order and shall include additional costs for the work. -2- a -6.2 Article 2, Consultant Work Program and Duties, is anticipated to undergo minor change and refinement over the period of service. Article 2 as so revised shall be in writing and signed by both parties. The Director of Community Development has the authority to approve such revision with the Consultant where such changes do not affect the overall cost of the services. ARTICLE 7: Termination of Agreement 7.1 This Agreement may be terminated by either party upon fifteen days' written notice should the other party fail substantially to perform in accordance with the terms herein set forth. 7.2 In the event of termination of Agreement by County, the County shall be paid compensation for its services per- formed to termination date. 7.3 In the event of termination, Consultant shall deliver to County the originals of all documents which it prepared pursuant to this Agreement up to the termination date. ARTICLE 8: Ownership,of Documents Drawings, reports and, the final document delivered to County shall be County's property. Consultant may retain as its property duplicate originals or copies of all documents prepared by Consultant for the County in connection with this agreement. Both parties are authorized to retain for their records and use said drawings, specifications and final documents in any manner and for any purpose they deem appropriate. _ ARTICLE 9: Subcontracting Consultant -shall subcontract with Winston Associates for certain work related to developing the Master Plan. This subcontractor-shallabe compensated entirely by Consultant and they shall have nocontractualrelationship with County. Consultant 'shall not engage Any7�other =subcontractors to perform- se--r-vices required -by this Agreement without the - advance written approval of County. ARTICLE 10: Independent Contractor Consultant is not a partner, or employee of .County, nor is it an . agent - of - County - -except to the extent that it. maybe performing services necessitated by this Agreement. The -3- parties agree that Consultant's relationship to County is that of an independent contractor. Consultant agrees to provide Workmen's Compensation for its employees. ARTICLE 11: Successors and Assigns County and the Consultant each binds itself, its part- ners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither County nor the Consultant shall assign or transfer their interest in this Agreement without the written consent of the other. ARTICLE 12: Governing Law Unless otherwise specified, this Agreement shall be governed by the law of the State of Colorado. IN WITNESS WHEREOF, this Agreement is executed as of the day and year first written above. County Commissioners ATTEST: By COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BO UNTY COMMISSIONERS iri6hard L uutaf so firman P.O. Box 850 Eagle, C lorado 31 328-7311 ROSALL RN AND CARES, INC. Y,r By- By:_ cel �C4 Secretary C. Chris��ian C res Title'-f`'lr�= 1426 Pearl Street Mall Boulder, Colorado 80302 449-6558 -4-