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HomeMy WebLinkAboutC08-169AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES EAGLE COUNTY, COLORADO THIS AGREEMENT, entered into this ~ day of ~~~ 2008, and effective immediately by and between MAXIMUS Financial Services, Inc. (hereafter called "Consultant"), and EAGLE County, Colorado (hereinafter called the "COUNTY"), WITNESSETH THAT: WHEREAS, the County has programs which it operates with outside funding; and WHEREAS, the County supports these programs with support services paid from the County's general funds; and WHEREAS, outside users will pay a fair share of these costs, if supported by an appropriate cost allocation plan; and WHEREAS, Consultant is staffed with personnel knowledgeable and experienced in the requirements of developing and negotiating such governmental cost allocation plans; and WHEREAS, the County desires to engage the Consultant to assist in developing a plan which conforms to Federal requirements and will be approved by their representatives; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. EMPLOYMENT OF CONSULTANT. The County agrees to engage the Consultant and the Consultant hereby agrees to perform the following services. 2. SCOPE OF SERVICES. The Consultant shall do, perform, and carry out in a good and professional manner the following services: A. Preparation of a 2 CFR Part 225 (OMB A-87) compliant cost allocation plan, based upon actual December 31, 2007 costs, which identifies the various costs incurred by the County to support and administer non-general fund programs. This plan will contain a determination of the allowable costs of providing each supporting service such as: purchasing, personnel, disbursement, processing, etc. B. Negotiation of the completed cost allocation plan with the appropriate Federal and/or State Representatives if such negotiation is requested by those representatives. C. Development of a full cost plan based upon actual costs for the County based upon actual December 31, 2007 costs. D. Development of a schedule for percentage cost recovery for each special revenue and proprietary fund, based upon the full cost plan. E. Assistance in interpreting information for these plans in support of the County's cost recovery efforts, including assistance in responding to any audit issues. Page 1 of 6 3. TIME OF PERFORMANCE. The services to be pertormed hereunder by the Consultant shall be undertaken and completed in such sequence as to assure their expeditious completion and best carry out the purposes of the agreement. 4. COMPENSATION. The County agrees to pay the Consultant a sum not to exceed FIVE THOUSAND FIVE HUNDRED Dollars ($5,500) for completion of both plans. Consultant agrees to complete the project and all services provided herein for said sum. Should the County wish to have cost plans completed based upon 2008 or 2009 costs, the fee will remain the same. 5. METHOD OF PAYMENT. Consultant shall be entitled to payment in accordance with the provisions of this paragraph. Upon delivery of the draft cost plans to the county, Consultant will invoice the county for 70% of the contract amount. The remaining 30% will be invoiced by the Consultant upon finalization of the cost plans. 6. CHANGES. The County may, from time to time, require changes in the scope of the services of the Consultant to be pertormed hereunder. Such changes, which are mutually agreed upon by and between the County and Consultant, shall be incorporated in written amendment to this Agreement. 7. SERVICES AND MATERIALS TO BE FURNISHED BY COUNTY. The County shall furnish the Consultant with all available necessary information, data, and materials pertinent to the execution of this Agreement. The County sha11 cooperate with the Consultant in carrying out the work herein, and shall provide adequate liaison between the Consultant and other agencies of County government. 8. INFORMATION AND REPORTS. The Consultant shall, at such time and in such form as the County may require, furnish such periodic reports concerning the status of the project, such statements, certificates, approvals, and other information relative to the project as may be requested by the County. The Consultant shall furnish the County, upon request, with copies of all documents and other materials prepared or developed in relation with or as part of the project. 9. RECORDS AND INSPECTION. The Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement. The County shall have free access at all proper times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. 10. ACCOMPLISHMENT OF PROJECT. The Consultant shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof, and all applicable laws. In accomplishing the project, the Consultant shall take such steps as are appropriate to insure that the work involved is properly coordinated with related work being carried on in the County. Assuming the County has provided all applicable information, the Consultant will provide the final OMB A-87 cost plan by July 31, 2008 and the full cost plan by August 31, 2008. 11. PROVISIONS CONCERNING CERTAIN WAIVERS. Subject to applicable law, any right or remedy which the County may have under this contract may be waived in writing by the County by a formal waiver, if, in the judgment of the County, this contract, as so modified, will still conform to the terms and requirements of pertinent laws. Page 2 of 6 12. MATTERS TO BE DISREGARDED. The titles of the several sections, subsections, and paragraphs set forth in this contract are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this contract. 13. COMPLETENESS OF CONTRACT. This contract and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. 14. COUNTY NOT OBLIGATED TO THIRD PARTIES. The County shall not be obligated or liable hereunder to any party other than the Consultant. 15. WHEN RIGHTS AND REMEDIES NOT WAIVED. In no event shall the making by the County of any payment to the Consultant constitute or be construed as a waiver by the County of any breach of covenant, or any default which may then exist, on the part of the Consultant, and the making of any such payment by the County while any such breach or default shall exist in no wise impair or prejudice any right or remedy available to the County in respect to such breach or default. 16. PERSONNEL. The Consultant represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with the County. All of the Services required hereunder will be performed by the Consultant or under its supervision, and all personnel engaged in the work shall be fully qualified to perform such services. 17. CONSULTANT LIABILITY IF AUDITED. The Consultant will assume all financial and statistical information provided to the Consultant by the County's employees or representatives is accurate and complete. Any subsequent disallowance of funds paid to the County under the plan is the sole responsibility of the County. The Consultant will, however, provide assistance to the County should an audit be undertaken of County indirect costs. 18. ASSIGNMENT. Consultant agrees not to assign, convey or transfer its interest in this Agreement to any other entity without the prior written consent of the County, which consent shall not be unreasonably withheld. Provided however, Consultant may assign, convey or transfer its interest in this Agreement to an entity which succeeds to substantially all of the business of Consultant, by merger or otherwise. 19. TERMINATION. County may terminate this Agreement with or without cause upon giving thirty (30) days written notice to Consultant. In the event of termination by County, Consultant shall be entitled to be paid for services and expenses incurred through the effective date of termination, payment for such services and expenses by County sha11 constitute, or be deemed to be, a waiver by County of any claims County may have against Consultant. 20. COPYRIGHT. Client acknowledges that the software which generates the report format and the report format to be provided by Consultant are copyrighted. Consultant shall ensure that all copies of its report bear the copyright legend. Client agrees that all ownership rights and copyrights thereto lie with Consultant. Client may use the report solely for and on behalf of Client's operations. Client agrees that it will take appropriate action by instruction, agreement or otherwise with its employees to satisfy its obligations with respect to use, copying, protection and security of the report format. Page3of6 C. The Contractor shall not use the Basic Pilot Verification Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. D. If the Contractor obtains actual knowledge that a Subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Contractor shall be required to: i. Notify the Subcontractor and the County within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and ii. Terminate the Subcontract with the Subcontractor if within three days of receiving the notice required pursuant to subparagraph (i) of the paragraph (d) the Subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the Subcontractor if during such three days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. E. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to its authority. F. If a Contractor violates these prohibitions, the County may terminate the contract for a breach of the contract. If the contract is so terminated, the Contractor shall be liable for actual and consequential damages to the County. 23. NOTICES. Any notices, bills, invoices, or reports required by this Agreement shall be sufficient if sent by the parties hereto in the United States mail, postage paid, to the addresses noted below: Eagle County, Colorado MAXIMUS, Inc. Address 10200 E. Girard Avenue, B-223 City, CO ZIP Denver, CO 80231 Attn: Contac-#-PI•ae:rs ~Th~ ~-Pw~s Attn: Anita J. White ~~1~ The remainder of this page is left intentionally blank Page 5 of 6 . ' IN WITNESS WHEREOF, the County and the Consultant have executed this Agreement as of the date first written above. Board of County Commissioners of Eagle County, Colorado ~. (EAGLE County, County-Com r) A ~~: ~~,~ MAXIMUS Financial Services, Inc. By: Anita J. Whit Vice President Page 6 of 6 Date: r t ~~ ~ ~0~ Date: 5/~ ~ / ~