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HomeMy WebLinkAboutC04-303 Thimgan & Associates~o~_ 303 - d 1 Professional Services Agreement r This Agreement, entered into this ~ day of , 2004, by and between the County of Eagle, State of Colorado, by and through it B and of County Commissioners (hereinafter referred to as "County"), and Thimgan & Associates, a Colorado Partnership whose principal place of business is P.O. Box 668, 17361 Road 21, La Junta, Colorado 81050 (hereinafter referred to as "Consultant"). WHEREAS, Consultant agrees to provide the services described herein and County agrees to accept and pay for said services subject to the terms and conditions set forth herein. NOW, THEREFORE, for good and valuable consideration, including the conditions set forth herein, the parties agree to the following: AGREEMENT 1. Description of Services. This Agreement is for assisting the Eagle County Assessor in developing time trends for all properties and developing valuation models for Eagle County for valuing residential and condominium properties within the County using SPSS and existing County computer assisted mass appraisal software. The project shall consist of three (3) phases to be completed within the approximate time frame and for a price not to exceed the fees and expenses hereinafter set forth. Time Trending and Data Preparation Timeline: October, 2004 -December, 2004 This is the critical starting point of the project. In order to ensure the most efficient analyses, it is important to determine all data that is available and create semi-automated routines for extracting the data. The Consultant shall create these download programs in SPSS if a connection through ODBC to the Oracle Tables is available. If not, the Consultant shall assist the County in developing these downloads in Access. The Consultant shall work with the County employee to create the necessary trends and train the employee in creating and quality checking the results. There will be an interactive training approach where the employee will correspond with the Consultant on any questions or issues that may arise. The Consultant shall produce a report that documents all techniques used and the reasoning behind the trend or trends used. Training and Assistance of Models Timeline: October, 2004 -March, 2005 Throughout the three (3) phases the Consultant shall work with the County employee to create the necessary models and train the employee in creating and quality checking the models. There will be an interactive training approach where the employee will correspond with the Consultant on any questions or issues that may arise. The Consultant shall perform ratio studies and other analyses to determine the relative strengths and weaknesses in the models as they are completed. Implementation of Model Values Timeline: October, 2004 -April, 2005 After the models have been created, the Consultant shall assist the County in transforming the regression coefficients into the County system. The Consultant shall work with the County to determine the most efficient way to accomplish this task. Sales Analysis Review and Report Generation Timeline: May, 2005 -May, 2006 After the values have been determined the Consultant shall assist and train the County in creating a process for continual sales reviews and valuation issue analysis. Also included in this process will be checks for data accuracy, valuation issues, neighborhood delineation, GIS characteristics and changing trends in the market. Consultant's Cost: Est. Hours Est. Dollar & Rate Amount Time Trending and Data Preparation: - Initial Analysis & Data Preparation (in county) 24($75) $1,800 - Trainin and Assistance 16($75) 1,200 Training and Assistance of Models: - Single-family residential model & training 120($75) 9,000 - Condominium properties model & training 80($75) 6,000 - In Count Trainin 16($75) 1,200 Implementation of Model Values: - Transformation of the regression coefficients 56($75) 4,200 into the county system. - Wrap-up meeting and presentation of analyses 16($75) 1,200 (in county) - Trainin and Assistance 16($75) 1,200 Sales Analysis Review and Report Generation: - Process and report creation. 100($75) 7,500 - Training and Assistance 80($75) 6,000 - 2 in count meetin s with staff 32($75) 2,400 Expenses: Tri s, not to exceed 1,250 er tri 6,250 Subtotals Consulting 41,700 Ex enses 6,250 Total $47,950 2 r 2. Additional terms. Governing Law. This Agreement shall be governed by the laws of the State of Colorado. Assignment' This Agreement may not be assigned by either party without the express written approval of the other. Modification. Any revision, amendment or modification to this Agreement shall only be valid if in writing and signed by all parties. Cancellation. This Agreement may be cancelled by County at any time, with or without cause, by first giving Consultant thirty (30) days written notice of its intent to so do. Ownership. All work products resulting from this Agreement shall be the property of County. Independent Consultant. 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 Consultant. No agent, 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. Indemnification. Consultant shall indemnify and hold harmless the County, its Board of Commissioners, and the individual members thereof, its agencies, departments, officers, agents, employees, servants and its successors from any and all demands, losses, liabilities, claims or judgments, together with all costs and expenses, including but not limited to attorney fees, incident thereto which may accrue against, be charged to or be recoverable from the County, its Board of Commissioners, and the individual members thereof, its agencies, departments, officers, agents, employees, servants and its successors, as a result of the acts or omissions of Consultant, its employees or agents, in or in part pursuant to this Agreement or arising directly or indirectly out of Consultant's exercise of its privileges or performance of its obligations under this Agreement. Bud eg t/Appropriation. Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement, nor shall any payment be made to Consultant in respect of any period after any December 31 of each calendar year during the term of this Agreement, without an appropriation therefore by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. ยง29-1-101 et seq.), and the TABOR Amendment (Constitution, Article X, Sec. 20). 3 ~~ IN WITNESS WHEREOF, County and Consultant have executed this Agreement as of the date first above written. .f ~. . . ~ ~~'~-, '~ ~~, - Teak J. Simor~l' , Clerk to the oa of County Commissioners RECOMMEND APPROVAL: ~_.Joyce Mack, agle County Assessor STATE OF COLORADO "COUNTY" COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: Tom .Stone, Chairman "CONSULTANT" THIMGAN & ASSOCIATES By: ~ ~~ arries R. Thimgan, Con ltant ss County of ) Th ore oin w s acknowled d before me this l ~4 da of ~~ , a g~ _~ y 2004 by ~ w~ as {~r~,A~.,~.Rnf of Thimgan & Associates. WITNESS my hand and official seal. My commission expires 4