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HomeMy WebLinkAboutC06-253 AGREEMENT REGARDING PROVISION OF PROFESSIONAL SERVICES FOR EAGLE COUNTY This Agreement Ret;ding Provision of Professional Services for Eagle County ("Agreement") dated this day of ~I ~r , 2006, is between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners ("County"), and Temple Glassier ("Consultant"). RECITALS A. The Mid Valley Trails Group (the "Group") is a volunteer Committee established to administer a portion of the Eagle County half-cent transportation tax that is dedicated to trails for the Roaring Fork Valley. The Group has been working for three years on trail planning, trail referrals to public entities, grant requests and trail work. The Group desires some assistance in coordinating this work. B. Consultant has extensive experience in trail building and desires to provide professional services to the Mid Valley Trails Group. e. Consultant has given the County a proposal for performing the Services (defined below) and represented that it has the expertise and personnel necessary to properly and timely perform the Services. D. County desires to enter into an Agreement with Consultant, with the expectation that the Mid Valley Trails Group will become self-sufficient and able to perform these services internally without the need for an outside consultant. This Agreement shall in no way commit the County to future support or future spending for the Mid Valley Trails Group Program. E. Consultant and County intend by this Agreement to set forth the scope of the responsibilities of the Consultant in connection with the Services and related terms and conditions to govern the relationship between Consultant and County in connection with the Services. AGREEMENT Therefore, based upon the representations by Consultant set forth in the foregoing recitals, for good and valuable consideration, including the promises set forth herein, the parties agree to the following: 1. Scope of the Services: Consultant shall assist the Mid Valley Trails Group in all administrative, marketing, communications and trail work oversight needed and more particularly described in the Job Description attached hereto as Exhibit "A" and incorporated by 1 Payment will be due within thirty (30) days after the Consultant has delivered the last of the partially completed documents, together with any records that may be required to determine the amount due. c. This Agreement shall in no way commit the Eagle Board of County Commissioners to future support or future spending for the Mid Valley Trails Group Program. 4. Compensation and Payment: In consideration of its performance of the Services, County shall pay Consultant as follows, provided the total fees and expenses for the Services shall not exceed $16,500.00. Consultant shall bill County on a monthly basis and shall provide monthly accounting for time spent, updates on progress of work, and other supporting information as the County may so request. Time shall be billed on a per hour basis at a rate of $25.00 per hour for administrative, marketing, and communication services and $80.00 per hour for project management. Payment shall be made in accordance with the following: a. Consultant shall maintain comprehensive, complete and accurate records and accounts of its performance relating to this Agreement for a period of three (3) years following final payment hereunder, which period shall be extended at County's reasonable request. County shall have the right within such period to inspect such books, records and documents upon demand, with reasonable notice and at a reasonable time, for the purpose of determining, in accordance with acceptable accounting and auditing standards, compliance with the requirements of this Agreement and the law. 5. Independent Contractor: It is expressly acknowledged and understood by the parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing, an employment relationship. Consultant shall be, and shall perform as, an independent contractor. No agent, subcontractor, employee, or servant of Consultant shall be, or shall be deemed to be, the employee, agent or servant of County. Consultant shall be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, servants and subcontractors during the performance of this Agreement. 6. Personnel: Consultant understands and hereby acknowledges that County is relying primarily upon the expertise and professional abilities of Consultant. This Agreement is conditioned upon the continuing direct involvement of Consultant in the Services. Consultant may not subcontract or delegate any part of the Services or substitute subcontractors without County's written consent, which consent County may exercise in its sole discretion. In the event Consultant is unable to remain involved in the Services, Consultant shall immediately notify County and County shall have the option to terminate this Agreement. 7. Ownership of Documents: All documents (including electronic files) which are obtained during or prepared in the performance of the Services shall remain the property of the 3 11. Notices: Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, FAX or mail to the other party at the following addresses: Consultant: Temple Glassier P.O. Box 192 Basalt, CO 81621 County: County Administrator or Acting County Administrator P.O. Box 850 Eagle, CO 81631 and Mid Valley Trail Group Attn: Jacque Whitsitt, President 0080 River Oaks Lane Basalt, CO 81621 Notices shall be deemed given on the date of delivery; on the date a FAX is transmitted and confirmed received or, if transmitted after normal business hours, on the next business day after transmission, provided that a paper copy is mailed the same date; or three days after the date of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. 12. Miscellaneous: a. Consultant shall not discriminate. against any employee or applicant for employment to be employed in the performance of this Agreement on the. basis of race, color, religion, national origin, sex, ancestry, physical handicap, s{1,x\!ali;prientation, ag~., politicaL affiliation or family responsibility. Consultant shall reqUiryall subcontractors to agree to the provisions of this subparagraph. b. The making, execution and delivery of this Agreement by the parties hereto has not been induced by any prior or contemporaneous representation, statement, warranty or agreement as to any matter other than those herein expressed. This Agreement embodies the entire understanding and agreement of the parties, and there are no further or other agreements or understandings, written or oral, in effect between them relating to the subject matter hereof. This Agreement may not be amended, including by any modification of, deletion from or addition to the scope of the Services, except by a written document of equal formality executed by both parties hereto. c. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Colorado, without reference to choice of law rules. The parties 5 Temple Glassier PO Box 192 Basalt CO 81621 970-963-0505 2006 Scope of Service I propose to continue to help them on a part-time basis. I will assist the Committee in the duties listed on the attached job description to assure completion of primary projects that they currently have prioritized and are close to completion. The assistance that they need is: Cl Marketing - assist them in fundraising and organizing events. Cl Communicating - assist them in communicating with appropriate people or entities to complete the work. Cl Administrative - ensure that updates of completed work is sent to pertinent entities, develop documents, coordinate meetings, attend meetings and coordinate. Cl Project Management - Prepare project specifications, procure contractors, oversee contractor, coordinate with affected parties. Cl Master Planning - complete the public process and assist the committee in the approval process through Eagle County. I will work approximately five to ten hours per week and bill according to task completed. I will provide updates on work completed to submit to the Committee and the County. For Administrative, marking and communication work I will bill $25 per hour. For Project/Construction Management I will bill $80 per hour. This work will be documented and submitted for approval. This work will not exceed $16,500.00 Master Planning Assist in development and submission of the Mid Valley Trails Master Plan through the process and develop a 10-year capital plan for the completion of th~ prioritized trail projects as iden!ified and supported in the public meeting. This work will provide Mid Valley Trails the tool ttf:, continue on with other trail projects in the Roaring Fork Valley. Hooks Trailhead Provide the Project Management to complete this project by the end of 2006. A construction contract has been approved and construction is scheduled for July and August. Hooks Trail Provide Project Management to complete this project by July 16,2006. A construction contract has been approved and construction will begin as soon as Eagle County Engineering approves the permit. Stage Road Planning Hiring and oversight of a planning contract to complete the planning process of this trail development by December 31, 2006. A-7