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HomeMy WebLinkAboutC07-032 Thimgan & AssociatesAug 09 -OG 10x47a Gerry Eggen 970-245-7447 p.1 CONSULTING AGREEMENT This Consulting Agreement ("Agreement") dated as this day o*61i:�tic, , 2006, is between the County of Eagle, State of Colorado, a body ecrporatb d through its Boara of County Commissioners ("County"), and Thimgan & Associates, a consultant, witl^ its principal place of business being La Juanta, Colorado. (hereinafter referred to as "Consultant")- WHEREAS, Consultant"). WHEREAS, County is in need of a person to provide the services outlined in Section 1.1 and more further detailed in Exhibit A (hereinafter "Consulting Services"). WHEREAS, Consultant has represented that they have the experience and knowledge in the subject matter necessary to carry out the Consulting Services. WHEREAS, County wishes to hire Consultant to perform the Consulting Services pursuant to the terms and conditions hereunder. WHEREAS, County and Consultant intend by this Agreement to set forth the scope of the respcmibilities of the Consultant in connection with the Consutting Services and relatad terms and conditions to govern the relationship between Consultant and County in connection with the same. 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. Services Provided: 1.1 The Consultant will provide the following Consulting Services to County: The Consultant agrees .o provide servicesto the Eagle County Assessor during their two-year valuation cycle as set forth more fully in Exhibit A, attached hereto and by this reference made pa -t of this Agreement. 1.2 The Consultant agrees that Consultant will not enter into any consulting arrangements with third parties that will conflict in any manner with the Consulting Services. 1.3 The Consultant will provide the Consulting Services hereunder in Eagle, Colorado or elsewhere as may be mutually agreed. 2. Term of Agreement: 11 This Agreement shall commence on October 1, 2006 and, subject to the provisions of Section 2.2 and 2.3 hereof, steal I continue in full force and effect pursuant to the schedules set forth in Exhibit A. This Agreement may be extended beyond the time / AA6— 1,: Aug 09, 06 10:47a Germ Eggen 970-245-7447 p.2 referred to in this Section 2.1 on terms and conditions as may be mutually agreed between the parties hereto. 2.2 This Agreement may be terminated by either party for any other reason at any time, with or without cause, and withou-� penalty whatsoever therefore. 2.3 The funds currently appropriated for .his project are equal to or in excess of the contract amount. Notwithstanding anything to the contrary contained in this Agreement, no charges shall be made to County nor shall any payment be made to Consultant in excess of the above amounts for any work done without the written approval of the County in accordance with a budget acopted by the Board of County Commissioners in accordance with the provisions of the Colorado Revised Statutes. The parties recognize that the County is a governmental entity and that all financial obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. 2.4 In the event of anv termination of this Agreement, Consultant shall be compensated for all hours of work then completed, plus approved expenses. 3. Independent Contractor: 3.1 With respect to the provision of the Consulting Services hereunder, Consultant acknowledges that Consultant is an independent contractor providing Consulting Services to County. Nothing in this Agreement shall be deemed to make Consultant an agent, employee, partner or representative of County. Nforeover, this Agreement creates no entitlement to participate in any of the Employee Benefit Plans of County including insurance, paid vacation and recognized holidays. 3.2 The Consultant shall not have the authority to, and will not rnake, any commitments or enter into any agreement with any party on behalf of County without the written consent of a senior management representative of County. 3.3 The Consultant will maintain liability, unemployment 2nd workman's compensation insurance on his/her own behalf, as necessary. 4. Payment: 4.1 For the Consulting Services provided hereunder, County shall pay to the Consultant a fee pursuant to the pay schedule in an amount not to exc.-ed those fees set forth in the attached Exhibit B. Fees will be invoiced upon the completion of the particular service provided. Fees will be paid within thirty (30) days of receipt of a proper and accurate invoice from Consultant respecting Consulting Services. The invoice shall include a description of services performed. Upon request, Consultant shall provide County with such other supporting information as County may request. 2 Aug 09 06 10:48a Gerry Eggen 970-245-7447 p.3 4.2 County will not with:Zold any taxes from monies pais to the Consultant hereunder and Consultant agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. 5. Indemnification: 5.1 Within the limits allowed by law, Consultant shall indemnify County for, and hold and defend the County and its officials, boards, officers, principals and employees harmless from, all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the acts or omissions of, or presentations by, the Consultant in the performance of this Agreement. This indemnification shall not apply to claims by third parties against tl:e County to the extent that the County is liable to such third party for such claim withoLt regard to the ir_volvement of the Consultant. 6. Consultant's Professional Level of Care: 6.1 Co:isultant shall be responsible for the completeness and accuracy of the Consulting Services, including all supporting data and other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Consulting Services shall not relirve Consultant of any of its responsibilities. Consultant shall perform the Consultir_g Services in a skilful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to consultants, with respect to similar services, in this area at this time. 7. Notices: 7.1 Any notice to be given by any party to the other shall be in writing and shall be deemed to have been duly given if delivered personally, by facsimile transmission or if sent by prepaid first class mail, and for the purposes aforesaid, the addresses of the parties areas fol lows: (a) Eagle County Assessor's Office 500 Broadway PO Box 950 Eagle, CO 81 631 Pak: (970) 328-8669 (b) Thimgan & Associates Attn: James R. Thimgan, Consultant P.O. Box 668 La Junta, CO 8105 0 Fax- (602) 506-3394 3 Rug '09, OG 10:48a Gerry Eggen 970-245-7447 p.4 (c) 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 care of deposit, first class postage prepaid, in an official depositary of the U.S. Postal Service. 8. Jurisdiction and Confidentiality: 8.1 This Agreement shall be interpreted in accordance with the laws of the State of Colorado and the parties hereby agree to submit to the jurisdiction of the courts thereof. Venue shall be in the Fifth Judicial District for the State of Colorado. 8.3 The Consultant and County acknowledge that, during the term of this Agreement and in the course of the Consultant rendering the Consulting Services, the Consultant may acquire knowledge of the business operations of County, methods of doing business, and other aspects of the business affairs of County that may not be generally known to the public. Consultant shall not disclose, use, publish or otherwise reveal, either directly or through another, to any person, firm or corporation, any such knowledge, information or facts and shall retain all such knowledge and information which he has acquired as the result of this Agreement in trust in a fiduciary capacity for the sole benefit of County, its successors and assigns during the term of this Agreement, and for a period of five (5) years following termination ofthis Agreement. 9. Miscellaneous: 9.1 This Agreement constitutes the entire Agreement between the parties relat:d to its subject matter. It supersedes all prior proposals, agreements and understandings. 9.2 This Agreement is personal to the Consultant and may not be assigned by Consultant. 9.3 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. /tTHE REMAiNDER OF THIS PAGE INTENTIONALLY LEFT BLANK,',` 4 Aug 09,06 10:4Be Gerry Eggen 970-245-7447 p.5 IN WTTNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. Nunc Pro Tunc effective date October 1, 2006 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COW, \1 ISSIONERS � ky Clerk to the Board of �oco� N ' , Chairman County Commissioners General Description of Services THIMGAN & ASSOCIATES J s R. Thimgan, Consult EXHIBIT A 5 Aug 09 06 10:49a Gerrb Eggen 970-245-7447 p.6 Consultant will assist the Eagle County Assessor's Office ("Assessor') ir. the development of time trends for all properties and the development of valuation models for Eagle County for vacant land, and for residential, condominium and commercial properties within the County using SPSS and existing County computer assisted mass appraisal software. Consultant will also assist the Assessor in the continuing project of converting condominium polygons into a GIS framework and will provide assistance to the County during the off year in preparation of analyses and procedures to improve overall services provided by the office. Services to be Provided During Appraisal Year 1. Yap _ylodeled Vacant Land Time Trending Timeline: October 1, 2006 —November 2, 2006 Consultant will work: with Assessor to create the necessary trends for non -modeled vacant land. There wit I be an interactive approach where Assessor will correspond with zhe Consultant on any questions or issues that may arise. Consultant will produce a report that documents all techniques used and the reasoning behind the trend or trends used. 2. Modeled Vacant Land & Time Trending Timeline: October 1, 2006 — November 30, 2006 Consultant wi:l work with Assessor to create the necessary regression models and the corresponding time trends for those areas that have been designated as modeled. There will be an interactive approach where Assessor will correspond with Consultant on any questions or issues that may arise. Consultant will produce the models and work with tae Assessor to ensi.re values have been correctly placed into the system. A report will be generated :hat documents all techniques and methodology used. 3. Single family Residential and Condominium Models Timeline: October 1, 2006 — February 2, 2007 Consultant will work with Assessor to create the necessary regression models and the corresponding time trends for all residential and condominium properties. There will be an interactive approach where Assessor wil I correspond with Consultant on any questions or issues tha: may arise. Consultant will produce the models and work with Assessor to ensure values have been correctly placed into the system. A report will be generated that documents all techniques and methodology used 4. Commercial Models Timeline: October 1, 2006 — f ebruary 2, 2007 A Flub 08 06 10:49a Gerry Eggen 970-245-7447 p.7 Consultant will work with Assessor to create the necessary regression models and the corresponding time trends for those property classes that have been designated as modeled. There will be an interactive approach where Assessor will correspond with Consultant on any questions or issues that may arise. Consultant wil I produce the models and work with the Assessor to ensure values have been correctly placed into the system. In the case of commercial valuation, it may be necessary to put override values into the system rather than having it calculate on the fly. If that is the case, a program mill be written to allow for calculating values. A report will be generated that documents all techniques and methodology used. This document will include ratio studies and other analyses to deter -nine the relative strengths and weaknesses in the models. 5. Implementation of Model Values Timeline: November 30, 2006 — April 2, 2007 After the models have been-reated, Consultant will assist Assessor in transforming the regression coefficients into the County system. Consultant will work with Assessor to determine the most efficient way to accomplish this task. 6. Sales Analysis Review Timeline: April 2, 2007 — April 30, 2007 After the values have yeen determined Consultant will work with the Assessor to finalize all reports and re -analyze values from the system for accuracy and state compliance. 7. GIS Condominium Project Timeline: October 1, 2006 — December 3 1, 2008 Conversion of paper maps to digital layers _or use in GIS. Consultant will convert the maps provided by the County into a format that can be placed in the County's GIS layers. This is a continuation of the prcject started last year, Services to be Provided During a Non -Reappraisal Year 1. Continuing Training & Assistance Timeline: April 2, 2007 — December 31, 2008 Consultant will continue to work with the Assessor's Office in refining processes for continual sales reviews and valuation issue analysis. Also included in these processes 7 Rud 09 06 1O:50a Gerry Eggen 970-245-7447 p.8 will be checks for data accuracy, valuation issues, neighborhood delineation, GIS characteristics and changing trends in the market. Consultant will provide four additional two-day trips to the County during this phase of the project. 8 nug 09 06 IC:5Ca Gem Eggen 970-245-7447 p.9 * Mote: This amount does not Include the GIS Condominium project C 78 cents per polygon, 9 Est. Hours & f Est. Dollar Rate Rate Amount Amount Non -Modeled Vacant Land Time Trending: _� i — Non -modeled vacant land time trending ) $ 2 — In county assistance and review of results 16($80) 1 280 Modeled Vacant Land & Time Trending: 80($80) 6,400 Single family Residential and Condominium Models: —Single-family residential model 100($80) 8,000 —Condominium properties model 100 ($80) &'000 — In county assistance and review of results 16 (S80) 1,280 Commercial Models: 120($80) 9,600 Implementation of Model Values: — Transformation of the res. and condo regression 40($80) 3,200 coefficients into the county system. 16($80) 1,280 —In county implementation Sales Analysis Review: — Value analysis including compliance issues 24(580) 1,920 — In county review and presentation of anal ,cs 16($80) 1,280 CIS Condominium Project: — Conversion of paper maps to digital layers (78 cents per polygon) Continuing Training & Assistance: 120($80) 9,600 — Training & assistance —In cc un' assistance 32 ($80) 2,560 Expenses: Trips, not to exceed 1,500 per tr' . 12,000 Re -Appraisal Year Consulting *44,800 Non Re -Appraisal Year Consulting 12,160 Re -Appraisal Year Expenses 6,000 Subtotals Non Re -Appraisal Year Expenses 6,000 Total IS68,960 9