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HomeMy WebLinkAboutC14-165 MGT of American, Inc. Agreement 1 i AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY,COLORADO AND MGT OF AMERICA,INC. r�,�� THIS AGREEMENT for Professional Services ("Agreement") is effective as of "ir , 20 14 by and between MGT of America, Inc., a Florida Corporation authorized to do business in�the�State of Colorado and with a principal place of business 2123 CENTRE POINTE BLVD, TALLAHASSEE, FL 32305- 4930(hereinafter "Consultant") and Eagle County, Colorado a body corporate and politic (hereinafter "County"). RECITALS WHEREAS, County is in need of a consultant to prepare an OMB A-87 cost allocation plan and a Full Cost allocation plan;and WHEREAS, Consultant has the time, skill and expertise to provide the services as defined in Paragraph I hereof to County;and WHEREAS, County and Consultant 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 NOW,THEREFORE,in consideration of the foregoing and the following promises Consultant and County agree as follows: I) Services. Consultant agrees to diligently furnish all services, labor, personnel and materials necessary to perform and complete the OMB A-87 cost allocation plan and the Full Cost allocation plan for Fiscal Year 2013 as described in Exhibit A ("Services") upon and subject to the provisions and conditions of this Agreement. Consultant's Services shall be performed in accordance with professional standards consistent with services provided by Consultant practicing in the area of the Project. a) Consultant agrees to furnish the Services in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A,Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable professional standard of care. By signing below Consultant represents that it has the expertise and personnel necessary to properly and timely perform the Services. b) In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. c) Consultant agrees that Consultant will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. d) The Eagle County Finance Director, or his designee, shall be Consultant's contact with respect to this Agreement and performance of the Services. 2) Compensation. County shall compensate Consultant for the satisfactory performance of the Services in a 1 sum computed and payable in the manner set forth in Exhibit A. The compensation for Services provided for Fiscal Year 2013,as shown in Exhibit A,shall not exceed five thousand four hundred ninety dollars($5,490)without a signed amendment to this Agreement. a) Consultant shall submit an invoice or other documentation as may be required by County, each month to be paid as set forth in Exhibit A. Invoices shall be sent no later than the 20`x'day of each month and County shall pay for the Services satisfactorily performed within thirty (30) days of submittal of complete invoice(s), clarifications and documents by Consultant. All invoices shall include detail regarding the hours spent, tasks performed and who performed each task and such other detail as County may request. b) If, at any time during the term or after termination or expiration of this Agreement, County reasonably determines that any payment made by County to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon written notice of such determination and request for reimbursement from County, Contractor shall forthwith return such payment(s) to County. Upon termination or expiration of this Agreement, unexpended funds advanced by County,if any,shall forthwith be returned to County. c) Notwithstanding anything to the contrary contained in this Agreement, County shall have no obligations under this Agreement after, nor shall any payments be made to Consultant in respect of any period after December 31 of any year without an appropriation therefor by County in accordance with a budget adopted by the Board of County Commissioners in compliance with Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment(Colorado Constitution,Article X, Sec.20). d) Consultant and its employees are not entitled to workers' compensation benefits through the County. Consultant is solely responsible for necessary and adequate workers' compensation insurance and shall be responsible for withholding and paying all federal and state taxes. County will not withhold any taxes from monies paid to 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. e) The Consultant and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by an entity other than County. The Consultant hereby acknowledges full and complete liability for and shall timely pay all taxes imposed by any federal, state or local taxing authority on all payrolls and compensation of its employees and subcontractors and any other taxes, fees and charges levied against Consultant on account of this Agreement. 3) Term. This Agreement shall commence upon execution of this Agreement by County, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect through the completion of the Services to be provided hereunder. On written amendment signed by the parties,this Agreement may be renewed for up to two additional terms, at the rates shown in Exhibit A for fiscal years 2014 and 2015, and under the same terms and conditions provided hereunder. 4) Additional Services. Any services in addition to the Services("Additional Services")shall be performed by Consultant only upon the written request of County. No Additional Services,or other additional work performed by the Consultant, shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by County for such Additional Services. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that County has been unjustly enriched by any Additional Services, whether or not there is in fact any such unjust enrichment, shall be the basis for any increase in the compensation payable hereunder. In the event that written authorization 2 and acknowledgement by County for such Additional Services is not timely executed and issued in strict accordance with this Agreement, Consultant's rights with respect to such Additional Services shall be deemed waived and such failure shall result in non-payment for such Additional Services or work performed. Except as otherwise agreed in writing by Consultant and County, all Additional Services shall be subject to the terms and conditions of this Agreement. County may also by written notice to Consultant make any reasonable reductions to the scope of the Services and the compensation payable to Consultant shall be reduced in a fair and reasonable amount on account thereof. The parties also acknowledge and agree that County shall have the right to select and retain other qualified Consultants and professionals to complete such portions of the services required for the Project as County may deem appropriate from time to time in County's sole discretion. 5) Sub-consultants. Consultant acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Consultant. Consultant shall not enter into any sub-consultant agreements for the performance of any of the Services or Additional Services without County's prior written consent, which may be withheld in County's sole discretion. County shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom County has an objection, in its reasonable discretion, shall be assigned to the Project. Consultant shall require each sub-consultant, as approved by County and to the extent of the Services to be performed by the sub-consultant, to be bound to Consultant by the terms of this Agreement, and to assume toward Consultant all the obligations and responsibilities which Consultant, by this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the provisions of this Agreement against any sub-consultant hired by Consultant and Consultant shall cooperate in such process. 6) Insurance. Unless otherwise agreed to in writing by County, Consultant agrees to provide and maintain, at Consultant's sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a) Types of Insurance. i) Workers' Compensation as required by law. ii) Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non- owned vehicles. iii) Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence; $1,000,000 products/completed operations aggregate, $1,000,000 personal/advertising injury, bodily injury and property damage$1,000,000 aggregate limits. iv) Professional Liability Insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to County, with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability insurance is on a claims-made basis, Consultant warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project provided that the coverage is commercially available at a reasonable premium. Contractor shall provide thirty (30) days' notice to County prior to cancelling such insurance during the applicable statute of limitations period. 3 b) Other Requirements. i) The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers as additional insureds. ii) Consultant's certificates of insurance shall include all sub-consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub-consultant. All coverages for sub-consultants shall be subject to the minimum requirements identified above. Consultant and sub-consultants, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Consultant and its sub-consultants until the applicable statute of limitations for the Project and the Services has expired provided that the coverage is commercially available at a reasonable premium. iii) Consultant's insurance coverage shall be primary insurance and non-contributory with respect to all other available sources. Consultant's policy shall contain a waiver of subrogation against Eagle County. iv) All policies must contain an endorsement affording an unqualified thirty (30) days' notice of cancellation to County in the event of cancellation of coverage. v) All policies must be written by insurance companies whose rating in the most recent Best's rating guide is not less than A-(VII). vi) Certificates of Insurance with the required endorsements evidencing the coverage must be delivered to County prior to commencement of any Services under this Agreement and must be provided on an annual basis commencing on the first (1St) anniversary of the policy year and continuing thereafter, or at any time within fifteen (15) days after request therefor by County. Notwithstanding any other provision hereof, Consultant shall provide County a complete copy of any policy of insurance required hereunder within five(5)business days of a written request from County, and hereby authorizes Consultant's brokers,without further notice to or authorization by Consultant, to immediately comply with any written request of County for a complete copy of any policy required hereunder. vii)Consultant shall advise County in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Consultant, at its own expense, will reinstate the aggregate limits to comply with the minimum limits and shall furnish to County a new certificate of insurance showing such coverage. viii) If Consultant fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to County, County shall be entitled to immediately terminate this Agreement. ix) The insurance provisions of this Agreement shall survive expiration or termination hereof. x) The parties hereto understand and agree that County is relying on, and does not waive or intend to waive by any provision of this Agreement,the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to County, its affiliated entities, successors or assigns, its elected officials,employees, agents and volunteers. 7) Indemnification. The Consultant shall indemnify and hold harmless County, its officers, agents and employees ("Indemnitees") against any losses, claims, damages or liabilities for which Indemnitees may 4 become subject to, insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon the negligent performance or nonperformance by Consultant or any of its sub-consultants hereunder; and Consultant shall reimburse Indemnitees for reasonable attorney fees and costs, legal and other expenses incurred by Indemnitees in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the Indemnitees to the extent that Indemnitees are liable to such third party for such claims without regard to the involvement of the Consultant. a) The indemnity and hold harmless provisions of this Agreement shall survive expiration or termination hereof. County and Consultant hereby certify and agree that the indemnity and hold harmless provisions of this Agreement have been freely and mutually negotiated. 8) Ownership of Documents. All documents prepared by Consultant in connection with Consultant's performance under this Agreement shall become the property of County. Consultant shall execute written assignments to County of all rights (including common law, statutory, and other rights, including copyrights) to the same as County shall from time to time request. For purposes of this paragraph, the term "documents" shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Consultant(including any employee or subcontractor in connection with the performance of the Services and Additional Services under this Agreement). 9) Notices. All notices or other communications made pursuant hereto shall be in writing and shall be deemed properly delivered, given or served (i) when personally delivered, or (ii) two (2) calendar days after being deposited in the United States mail, certified or registered, postage prepaid, return receipt requested, (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below their signatures, or(iv) when sent via facsimile so long as the sending party can provide a facsimile machine or other confirmation showing the date, time, and receiving facsimile number for the transmission. Either party may change its address for the purposes of this paragraph by giving five(5)days prior written notice of such change to the other party. COUNTY: Eagle County,Colorado Attention: John Lewis 500 Broadway Post Office Box 850 Eagle,CO 81631 Telephone: 970-328-3511 Facsimile: 970-328-3519 And a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle,CO 81631 Telephone: 970-328-8685 Facsimile: 970-328-8699 5 Consultant: Brad Burgess MGT of America, Inc. MGT Colorado 8200 S.Quebec, Suite A3,#184 Centennial,Colorado 80112 Telephone: Facsimile: 10) Coordination. Consultant acknowledges that the development and processing of the Services for the Project may require close coordination between various consultants and contractors that County retains in connection with the Project. Consultant shall coordinate the Services required hereunder with the other consultants or contractors that are identified by County to Consultant from time to time, and Consultant shall immediately notify such other consultants or contractors, in writing, of any changes or revisions to Consultant's work product that might affect the work of others providing services for the Project and concurrently provide County with a copy of such notification. Consultant shall not knowingly cause other consultants or contractors extra work without obtaining prior written approval from County. If such prior approval is not obtained, Consultant shall be subject to any offset for the costs of such extra work. County shall provide Consultant with legal access to the Project site as required to complete the Services. 11) Termination. County may terminate this Agreement at any time and for any reason,with or without cause, and without penalty therefor with seven (7) calendar days' prior written notice to the Consultant. Upon termination of this Agreement, Consultant shall immediately provide County with all documents as defined in paragraph 8 hereof, in such format as County shall direct and County shall pay Consultant for the Services satisfactorily performed and approved Out-of-Pocket expenses incurred prior to the date of termination. 12)Venue,Jurisdiction and Applicable Law. Any and all claims,disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado (without reference to the doctrine of conflicts of law), 13) General Conditions. a) Consultant shall be responsible for the completeness and accuracy of the Services and any Additional Services, including all supporting data and other documents prepared or compiled in performance of the Services or Additional Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the County has accepted or approved the Services or Additional Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the Services and Additional Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Consultants performing similar services. Consultant represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within the applicable jurisdiction(s). b) Consultant agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. By executing the Agreement, Consultant confirms that the time limitations set forth herein are reasonable period(s)for performing the Services. c) Consultant represents and warrants that at all times in the performance of the Services Consultant shall comply with any and all applicable laws,codes,rules and regulations. 6 d) This Agreement constitutes an agreement for the performance of Services by Consultant as an independent contractor and not as an employee of County. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership,joint venture or any other relationship between County and Consultant except that of independent contractor. Consultant shall have no authority to bind County or to approve any Additional Services, unless specifically approved by County in writing. e) This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understandings between the parties with respect thereto. f) This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived,except by a written instrument signed by the party to be charged. g) Neither Consultant nor County shall assign any portion of this Agreement without the prior written consent of the other. h) This Agreement and the covenants contained herein shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors-in-interest. i) No failure or delay by either party in the exercise of any right given to such party hereunder shall constitute a waiver thereof. No waiver of any breach of any agreement or provision contained herein shall be deemed a waiver of any preceding or succeeding breach thereof or of any other agreement or provision contained herein. j) Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female and the neuter,and vice versa. k) The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. 1) Consultant shall maintain for a minimum of three years, adequate financial and other records for reporting to County. Consultant shall be subject to financial audit by federal, state or county auditors or their designees. Consultant authorizes County or Eagle County to perform audits or to make inspections of records during normal business hours, upon 48 hours' notice to Consultant. Consultant shall fully cooperate with County or Eagle County representatives during such audit or inspections. m) The signatories to this Agreement aver to their knowledge, no employee of the County has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Consultant has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of Consultant's Services and Consultant shall not employ any person having such known interests. n) There shall be no third party beneficiaries to this Agreement. o) The Consultant, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) to the extent applicable shall comply with the provision of C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 7 13)Prohibitions on Government Contracts. If Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. § 8-17.5-101,et seq., regarding Illegal Aliens — Public Contracts for Services, and this Contract. By execution of this Contract, Consultant certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Consultant will participate in the E-verify Program or other Department of Labor and Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform Services or Additional Services under this Contract. A. Consultant shall not: (i) Knowingly employ or contract with an illegal alien to perform Services or Additional Services under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under the public contract for services. B. Consultant has confirmed the employment eligibility of all employees who are newly hired for employment to perform Services or Additional Services under this Contract through participation in the E-verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm C. Consultant shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. D. If Consultant obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien,Consultant shall be required to: (i) Notify the subcontractor and County within three days that Consultant 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 Consultant 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 v ith an illegal alien. E. Consultant 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 established in C.R.S. § 8-17.5-102(5). F. If Consultant violates these prohibitions, County may terminate the contract for a breach of the contract. If the contract is so terminated specifically for a breach of this provision of this Contract, Consultant shall be liable for actual and consequential damages to County as required by law. G. County will notify the office of the Colorado Secretary of State if Consultant violates this 8 provision of this Contract and County terminates the Contract for such breach. [rest of page intentionally left blank] n la��yy�� MI'. IN WITNESS WHEREOF,the parties have executed this Agreement as of the 1 day ofriui, ,241-37 EAGLE COUNTY,COLORADO By and through its County Ma lager Keith Monta:, Eagle County M. ..ger CONSULTAN T of America,Inc. .y: r Its: VI •414 it7F --- STATE OF COLO • SO ) )ss. COUNTY OF The foregoin=, instrument was acknowl f ged before me by as of .this day of ,2013. My coin f fission expires; Notary P 'tic 9 EXHIBIT A, SCOPE OF SERVICES, SCHEDULE, FEE SCHEDULE 10 MGT Colorado MGT 8200 S.Quebec,Suite A3,#I84 Centennial,Colorado 80112 p:720.255.6611 Of AMERICA, INC . www.mgtofamerica.corn July 16, 2013 Mr.John Lewis Finance Director Eagle County 500 Broadway Eagle CO 81631 Dear John: MGT of America, Inc. (MGT) appreciates this opportunity to present our qualifications and work plan to prepare an OMB A-87 cost allocation plan and Full Cost allocation plan for Eagle County, Colorado (County). The attached proposal details our approach and work plan, and project staff necessary to meet the needs of the County. As a firm, MGT has been providing cost allocation services to cities and counties since 2002 and to Colorado cities and counties since 2004. No other firm or affiliation of sole proprietors can match the following MGT advantages. • Staff located in Colorado • Current experience providing cost allocation services to Colorado counties • Stability and continuity of consulting personnel • Operational and financial strength and stability Since 2004, all MGT cost allocation services have been provided by, or under the direction of the proposed project manager, Mr. Eric Parish located in Centennial Colorado. Eric is a partner with MGT and has been providing cost allocation services to local governments since 1990. He is recognized in Colorado and nationally as an expert in understanding, interpreting and applying OMB A-87 and GAAP principles. Please direct any questions about this proposal or about MGT services to Eric at 720.255.6611 or at eparish @mgtamer.com. As a MGT Senior Partner, I authorize the submission of the enclosed proposal for cost allocation plan services. Sincerely 94 610 Brad Burgess Senior Partner, MGT of America, Inc. Eagle County Colorado Cost Allocation Services Proposal Firm Background and Prior Experience Description of Firm MGT of America, Inc. (MGT) is a national research and management consulting firm specializing in providing management and financial services to government clients. Over the past 38 years, we have successfully served more than 3,500 clients in all 50 states and several foreign countries. The firm's mission "to improve the efficiency and effectiveness of governments, nonprofits, and other organizations serving the public" is supported by the capacity to deliver an extensive range of services. MGT is a mid-sized, privately-held, employee-owned and financially stable corporation with a deep roster of experienced cost allocation experts, resources, and desire to serve Eagle County (County). We are not the biggest, oldest, or highest profile cost allocation consulting firm—just the best for combining firm qualifications and consultants' cost allocation expertise, with the needs of select cities and counties. Business licenses, financial statements and/or Dun and Bradstreet reports will be provided upon request. Experience with Similar Agreements The Cost Services practice within MGT provides cost allocation services to clients in over 30 states, including Colorado. In the past five years, our consultants have prepared hundreds of Full Cost and OMB cost allocation plans for cities and counties ranging in population from a few thousand to over three million. Additionally, MGT costing services consultants have successfully completed several thousand Full Cost and OMB cost allocation plans for cities and counties in the past 30 years as consultants with MGT or as former consultants with PRM, Maximus, DMG- Maximus, or David M. Griffith &Associates (DMG). Experience with Similar Agreements in Colorado MGT has become the leader in cost allocation services for counties in Colorado. While we continue to add new Colorado clients every year we have not, and will not, lose our focus on the importance of providing exceptional, personalized services to every Colorado city and county client. The current experience from annually serving more than 30 Colorado cities and counties means the County will receive much more than capability from the proposed project consultants. The County will also receive the following beneficial information. Current events in other Colorado cities and counties. v How other Colorado cities and counties are applying cost allocation. MGT 1 Of 01ME111CA, INC. Eagle County Colorado Cost Allocation Services Proposal ❖ Current trends in budgeting in other Colorado cities and counties. Cost allocation best practices from other Colorado cities and counties. ❖ Fresh ideas gleaned from situations in other Colorado cities and counties. Principle Staff Assigned to the Project Project Consultants and Relevant Experience While the qualifications and experience of a firm are important, perhaps more important are the qualifications and experience of the proposed project team. MGT has successfully implemented the team approach to most cost allocation projects. There are three primary benefits to our proposed project team. The first, and perhaps the greatest benefit, of the proposed project team is recent experience working with Colorado counties. Our experience providing cost allocation services to more than 30 other Colorado cities and counties is directly transferable to the County. The second benefit is that the expertise of the team as a whole is greater than the sum of the team's parts. The three team members bring unique education,skills, and experiences from numerous local government cost allocation, user fee, management study,and performance review consulting engagements, many in Colorado. The third benefit is that by placing more than one expert on the project, the project will still be completed in a timely manner in the unforeseen event one team member becomes ill, injured or otherwise unavailable. In addition to the proposed project team, MGT can draw from a deep pool of experienced cost allocation consultants to supplement the project as necessary. These consultants have unique skill sets such as performance measurements, performance management and process improvement. These experts are available to assist the proposed project team as needed. Resumes for the project consultants will be provided upon request. No subcontractors, temps, interns, students or off-shore resources will be used. Project Team Structure Mr. Eric Parish MA,CPPM,Project Manager Mr. Parish, a Partner with MGT, will serve the County as project manager. Mr. Parish has been providing cost allocation services to cities and counties since 1990 as a consultant with DMG, Maximus, PRM and MGT. As a consultant with DMG he provided cost allocation services to Colorado counties from 1994 to 1998. As a consultant with MGT/PRM he has provided cost allocation services to Colorado counties since 2004. MGT 2 Of AMERICA, INC. • Eagle County Colorado Cost Allocation Services Proposal As project manager, Mr. Parish will have responsibility for managing the project field work and deliverables. He will kick off the project, meet with applicable County departments and personnel, oversee day-to-day activities, provide formal status reports to County staff, ensure the project stays on schedule, and present final project results. Mr. Parish has prepared and managed hundreds of cost allocation plans, many for counties in Colorado. He is currently serving as primary project consultant on cost allocation projects for the following Colorado counties. •:• Douglas—Mr. Parish annually prepares a Full Cost Allocation Plan and an OMB A-87 Cost Allocation Plan. •: El Paso—Mr. Parish annually prepares a modiefed Full Cost Allocation Plan and an OMB A-87 Cost Allocation Plan. ❖ Routt Mr. Parish annually prepares a Full Cost Allocatin Plan and an OMB A-87 Cost Allocation Plan. Mr. Parish is based in Centennial, Colorado, is a Certified Professional Project Manager, and is active in the Colorado chapter of the Government Finance Officers Association. Ms. Michelle Garrett Consultant Ms. Garrett, a Consultant with MGT, will serve the County as project consultant. In this role, she will have responsibility for assisting with the day-to-day activities, including the preparation of the cost allocation plans.This responsibility includes all tasks, such as follow up with departments, identifying allowable costs, reviewing draft calculations, and quality assurance of the final cost allocation plans. Ms. Garrett has over six years of experience providing cost allocation services to local governments, including many Colorado counties. Prior to joining MGT, she held several accounting positions including Auditor with Coopers and Lybrand where she performed numerous governmental entity audits. Ms. Garrett has prepared dozens of cost allocation plans for cities and counties, including Colorado cities and counties. She is currently serving as primary project consultant on cost allocation projects for the following Colorado counties. ❖ Broomfield (City and County)—Ms. Garrett annually prepares a Full Cost Allocation Plan and an OMB A-87 Cost Allocation Plan. ❖ Jefferson—Ms. Garrett annually prepares a Full Cost Allocation Plan and an OMB A-87 Cost Allocation Plan. ❖ Summit—Ms. Garrett annually prepares a Full Cost Allocation Plan and an OMB A-87 Cost Allocation Plan. Ms. Garrett is based in Parker, Colorado. 3 Of AMERICA, INC. Eagle County Colorado Cost Allocation Services Proposal Understanding of the Project Understanding of OMB A-87 Cost Allocation Plans States, and many state agencies, counties and cities provide services that include administrative and support expenditures allowable for federal and/or state reimbursement. Under OMB Circular A-87 guidelines, which are now codified in the Code of Federal Regulations (CFR) at 2 225 CFR, local governments may be reimbursed for these administrative and support expenditures if they are documented in a cost allocation plan and indirect cost rates that are compliant with the principles contained in the Circular. It can be generalized that an OMB A-87 compliant cost allocation plan is applicable to external purposes such as recovering indirect costs on federal and state grants and awards. Cost allocation plans are more than simply updating expenditure and statistical data from the prior year which was simply an update from the year before. Rather, cost allocation plans are a series of complex calculations that require an understanding of each jurisdiction's financial reports, administrative structure, and operational services and programs. In addition, a cost allocation plan must adhere to OMB Circular A-87. Understanding of OMB A-87 Cost Allocation Plans in Colorado Colorado is one of the states that tasks Counties with operating and administering Human Services programs. In general terms, the state funds 80% of the cost of these programs with the counties funding the remaining 20% of the cost. The state recognizes that there are administrative or support costs incurred by the counties in addition to the actual program costs. Examples of administrative or support costs include Accounting, Human Resources and Procurement. The state reimburses counties approximately 33% of these administrative costs associated with operating Human Services programs. Counties must file an OMB A-87 compliant cost allocation plan annually to receive this reimbursement. Annual cost allocation plans are submitted to the Colorado Department of Human Services (CDHS) on or before June 30 (or by negotiated extension). Subject to audit, the state reimburses the counties on a quarterly basis. Understanding of Full Cost Allocation Plans States, and many state agencies, counties and cities also provide services that include administrative and support expenditures not allowable for federal and/or reimbursement. These expenditures, however, are appropriate for allocation under GAAP principles and guidelines. This allocation methodology is often referred to as a Full Cost allocation plan. It can be generalized that a Full Cost allocation plan is applicable for internal purposes such as recovering indirect costs from enterprise funds, special revenue funds and other funds as well as be included in establishing user fees, permits and applications, billing rates, hourly rates and costs of special services. MGT 4 Of AMEIIIGA. INC, Eagle County Colorado Cost Allocation Services Proposal The Full Cost allocation plan at Eagle County is used to identify the true, or full, costs of administering all County departments, divisions and programs. With this information, County personnel and officials can make informed decisions about the following situations. • Charging non-General Fund funds for administrative and support services. + Recovering Countywide administrative and support costs in hourly and billing rates. ❖ Recovering Countywide administrative and support costs in use fees and rates. ❖ Budgeting and resource allocations. Methodology Used to Develop Cost Allocation Plans Approach to Completing Project Tasks MGT consultants in general, and the proposed project team specifically, have provided cost allocation services to numerous state agency, county, and city jurisdictions, including many Colorado counties. We recognize that no two jurisdictions or cost allocation plans are alike. Therefore, our approach, our dedicated resources, and our team of experts are customized to each government agency we serve. Our approach is to treat each project as a unique consulting engagement for a unique client. While every cost allocation consulting firm, including MGT, applies standardized processes and methodologies into every cost allocation project, we will never standardize a client. Every engagement includes an attempt to thoroughly understand our client's culture, political realities, operating and reporting structure, and financial challenges as well as desired project outcomes. General Methodology We utilize a cost allocation plan methodology that incorporates years of experience applying OMB Circular A-87 and Generally Accepted Accounting Principles (GAAP) into a systematic, yet flexible, multi-step approach to raise the accuracy and acceptance of cost allocation plan results. This methodology has been reviewed and accepted by state agencies, federal cognizant agencies, internal auditors and external auditors in multiple states, including Colorado. Technical Methodology The project team will adhere to OMB Circular A-87 principals to prepare the OMB cost allocation plan. While OMB Circular A-87 has one over-arching requirement: the cost allocation plan must provide a distribution of costs that is fair and equitable to all recipients of the centralized administrative and support services irrespective of the potential for reimbursement, there can be, and often are, different understandings of the principles and guidelines included in the Circular. MGT 5 Of AMERICA, INC. Eagle County Colorado Cost Allocation Services Proposal The project team will adhere to GAAP principals to prepare the Full Cost allocation plan. Similar to the OMB A-87 cost allocation plan, the Full Cost allocation plan has one over-arching requirement: the Full Cost allocation plan must provide a distribution of costs that is fair and equitable to all recipients of the centralized administrative and support services irrespective of the potential for reimbursement. Also similar to the OMB A-87 cost allocation plan, the Full Cost allocation plan is subject to interpretation so the development and applications must be taken within the unique context of each individual jurisdiction. Work Plan Specific Phases and Tasks For simplicity, the OMB cost allocation plan and the Full Cost allocation plan may be referred to collectively as the cost allocation plan. As illustrated by the work flow graphic below,the cost allocation plan will be prepared by completing the following 21 tasks. A Detailed Work Plan Task Narrative will be provided upon request. Eagle County, Colorado Outline of Proposed Work Plans MGT tasks Shared tasks Documentation mdence atlon plan tside claim on meeting r tllocatlon •sonnel 4 4 uctory ith all t inquiries ■nel .iai and p t anon of a n:. sponse if ta y anent us training, nent tl uses for 4 MG] rvice ns - ,jam nc�° oct 6 CIF AMEIIi. .f I Eagle County Colorado Cost Allocation Services Proposal Fee Schedule Project Deliverables The County will receive the following project deliverables: • Correspondence or meeting with the federal and/or state officials with oversight or review authority for the OMB A-87 cost allocation plan so any concerns or issues can be addressed before, not after the cost allocation plan is prepared. • At least two meetings, interviews, presentations and workshops in Eagle related to the cost allocation plans. •:• A draft OMB A-87 cost allocation plan using a double step-down allocation methodology based on the County's year-end actual expenditures records and interviews with County personnel and reviewed with County staff. • A final OMB A-87 cost allocation plan using a double step down methodology based on actual expenditures; the final OMB A-87 cost allocation plan will be produced as Excel and PDF files. •■ A draft Full Cost allocation plan using a double step-down allocation methodology based on the County's year-end actual expenditures records and interviews with County personnel and reviewed with County staff. • A final Full Cost allocation plan using a double step down methodology based on actual expenditures; the final OMB A-87 cost allocation plan will be produced as Excel and PDF files. • One printed and unbound, two printed and bound copies and one electronic (Excel and/or PDF) copy of the final OMB A-87 cost allocation plan and of the final Full Cost allocation plan. • A comprehensive review of the draft OMB A-87 cost allocation plan and Full Cost allocation plan in Eagle for finance personal and other project stakeholders. • Development of strategies and procedures to be used by County personnel that will optimize potential indirect cost recovery. • Assistance to County personnel to integrate the cost allocation plans data into ongoing County operations. • Assistance to County personnel to submit a copy of the final OMB A-87 cost allocation plan to appropriate officials in a timely manner. • Assistance to County personnel in preparing claims to federal and/or state sources to insure the County receives all recoveries owed to it. MGT Of AMERICA, INC. I J l Eagle County Colorado Cost Allocation Services Proposal •;• Negotiate the final OMB A-87 cost allocation plan with federal and/or state officials if those officials request such negotiations. ❖ Provide answers, supporting documentation and defend and respond to audit inquiries for current or future OMB A-87 cost allocation plans for a five-year period following delivery of the final OMB A-87 cost allocation plan. • Assistance to County personnel in the preparation of an audit appeal if issues cannot be resolved in the previous task. ❖ Ongoing training, guidance, and assistance on reading, understanding and applying the results of the OMB A-87 cost allocation plan and Full Cost allocation plan to County personnel. This task includes a training session for County personnel explaining the results and applications of the project results. •: Assistance to identify additional uses of the OMB A-87 cost allocation plan. • Formal project status reports at intervals requested by County personnel (at least monthly). • A formal project recap report. This report will include comments and input from County personnel to review regarding the just completed project. This report will also provide County personnel an opportunity to provide timely feedback on aspects of the project that went well and aspects of the project that need improvement. This feedback will then be formulated into the following year's work plan. Project Fee We will provide the project deliverables for the following fixed, all-inclusive fee. This fee contains all direct and indirect costs including meetings, presentations, document production, etc. 'µ °fit t `' r F !U.,* lit-A;;;„'.4 $5,490 $5,490 $5,680 Progressive payments are requested based on achieving project milestones. MGT 8 nr AMERICA, INC. C'NA Package Policy with Property Insight Endorsement Declaration POLICY NUMBER COVERAGE PROVIDED BY PROM - POLICY PERIOD - TO P 2093390918 CONTINENTAL CASUALTY COMPANY 07/01/2013 07/01/2014 333 S . WABASH CHICAGO, IL. 60604 INSURED NAME AND ADDRESS MGT OF AMERICA, INC. 3800 ESPLANADE WAY STE 210 TALLAHASSEE, FL 32311 AGENCY NUMBER AGENCY MAKE AND ADDRESS 033069 EARL BACON AGENCY, INC. 3131 LONNBLADH ROAD PO BOX 12039 (32317 ) TALLAHASSEE, FL 32308 Phone Number: (850)878-2121 BRANCH NUMBER BRANCH NAME AND ADDRESS 770 FLORIDA BRANCH 2405 LUCIEN WAY $ P.O. BOX 946500 $ MAITLAND, FL 32794 Phone Number: (407 )919-3000 This endorsement changes your policy. Please read it carefully. This endorsement results in no change in premium. Your Endorsement premium Eor Certified Acts of Terrorism coverage includes I INSURED Page 1 of 2 POLICY NUMBER INSURED NAME AND ADDRESS P 2093390918 MGT OF AMERICA, INC. 3800 ESPLANADE WAY STE 210 TALLAHASSEE, FL 32311 FORMS AND ENDORSEMENTS SCHEDULE These following forms have been added to your policy Form Number Porn Title G56015B 11/1991 ENDORSEMENT EFFECTIVE 02/11/2014 Countersignature Vuvu#4.4 P'eS:creisfy Chairman of the Board P-55170-A (Ed . 01/86) INSURED Page 2 of 2 POLICY NUMBER INSURED RAZE AND ADDRESS P 2093390918 MGT OF AMERICA, INC . 3800 ESPLANADE WAY STE 210 TALLAHASSEE, FL 32311 POLICY CHANGES INDORSEMENT EPPECTIVE 02/11/2014 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. G-15115-A (Ed. 10/89) This form has been added to the policy : THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - NOTICE OF CANCELLATION OR MATERIAL COVERAGE CHANGE This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part (other than 88 the reduction of aggregate limits through payment of claims) , we agree to mail prior written notice of cancellation or material change to : SCHEDULE 1 . Number of days advance notice: 30 10 Days for Non-Payment of Premium County of Mono P.O. Box 556, Bridgeport, CA 93517-0566 Grand County Es 308 Byers Street, Hot Sulphur Springs, CO 80451 amm City of Monterey 735 Pacific Street, Suite A, Monterey, CA 93940 gams Port of Oakland : ama 530 Water Street , Oakland, CA 94607 ar.= mnn InteiC Iteteueoqi cr. //4490LA+AAZ. Lie-*— Cnrman d me Sara V �++v G-56015-B (ED. 11/91 ) POLICY NUMBER INSURED MANE AND ADDRESS P 2093390918 MGT OF AMERICA, INC . 3800 ESPLANADE WAY STE 210 TALLAHASSEE, FL 32311 POLICY CHANCES ENDORSEMENT EFFECTIVE 02/11/2014 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. Eagle County Government 500 Broadway, Eagle, CO 81631 City and County of San Francisco 1Dr. Carlton B. Goodlett Place, Room 3, San Francisco, CA 94102 0 Q80 ZEE I CMNman of Ma Board V S�aswry G-56015-B (ED. 11/91) ANA 333 S WaMuh ago,Iinob80604 STANDARD WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY CHANGE ENDORSEMENT - EFFECTIVE 02/24/14 DATE PROCESSED=050814,REASON= ADDED 30 DAY NOTICE OF CANCELLATION Policy Number From Poky Period To I Coverage Is Provided By Agency WC 3 11086712 07/01/13 07/01/14 VALLEY FORGE INSURANCE COMPANY 1033069770 Named Insured And Address Agent ITEM MGT OF AMERICA, INC. 'EARL BACON AGENCY, INC . 1 . 3800 ESPLANADE WAY STE 210 3131 LONNBLADH ROAD TALLAHASSEE, FL PO BOX 12039 (32317 ) TALLAHASSEE FL 32308 32311 FEIN NUMBER : 591576733 NCCI CARRIER CODE NO: 15032 INTERSTATE ID NO: 917569738 *" S C H E D U L E O F O P E R A T I O N S •* SCHEDULE 4. PAGE 1 LOC CLASS CLASSIFICATION OF OPERATIONS EST TOTAL RATE PER PREMIUM NO. CODE ANN REMUN $100 REMUN DIFFERENCE STATE: ILLINOIS 9848 INC. LIM. BALANCE TO MINIMUM PREMIUM 0 INTRASTATE ID. NO: 3852903A THE FOREGOING AMENDMENT RESULTS IN AN ADDITIONAL PREMIUM OF $0 8 REVISED POLICY TOTALS ESTIMATED CLASS PREMIUM $6,011 TOTAL ESTIMATED STANDARD PREMIUM $6,059 TOTAL ALL RISK ADJUSTMENT PROGRAM $0 ESTIMATED STANDARD PREMIUM $6,059 PREMIUM DISCOUNT $13- EXPENSE CONSTANT $280 TERRORISM PREMIUM $836 CATASTROPHE (O/T CERT ACTS OF TERROR) $190 ESTIMATED PREMIUM $7,352 STATE TAXES/ASSESSMENTS/SURCHARGES $23 ESTIMATED COST $7,375 MME an ACCOUNT NUMBER : 3008481554 DATE OF ISSUE: 05/08/14 POLICY ISSUING OFFICE: FLORIDA (WC000001 ) P-39543-A f CNA G-20472-A (Ed. 10/93) WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE POLICY NOTICE OF CANCELLATION OR MATERIAL CHANGE ENDORSEMENT In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 00000030 2. Notice will be mailed to: EAGLE COUNTY GOVERNMENT 500 BROADWAY EAGLE, CO 81631 CONTRACT BEGINS: 02/12/14 ENDS : 06/30/14 PROJECT: COST ALLOCATION PLAN COST: $16,600 rn S SIMJ as it G-20472-A Page 1 of 1 (Ed. 10/93) CNA 3-20472-A (Ed. 10/93) WORKERS'COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE POLICY NOTICE OF CANCELLATION OR MATERIAL CHANGE ENDORSEMENT In the event of cancellation or other material change of the policy, we will mall advance notice to the person or organization named in the Schedule.The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Scb.dul• 1. Number of days advance notice: 00000030 2. Notice will be mailed to: CITY OF WINSTON-SALEM P.0 BOX 2511 WINSTON-SALEM, NC 27102-2511 PROJECT: COST ALLOCATIOR PLAN BEGINS 02/24/14 -ENDS 12/31/14 0-20472-A Page 1 of 1 (Ed. 10/93) CNA Business Auto Endorsement Declaration POLICY NUMBER COVERAGE PROVIDED BY FROM - POLICY PERIOD - TO P 2093563501 AMERICAN CASUALTY CO OF READING,PA 07/01/2013 07/01/2014 333 S . WABASH CHICAGO, IL. 60604 INSURED MAKE AND ADDRESS MGT OF AMERICA, INC . 3800 ESPLANADE WAY STE 210 TALLAHASSEE, FL 32311 AGENCY NUMBER AGENCY NAME AND ADDRESS 033069 EARL BACON AGENCY , INC. 3131 LONNBLADH ROAD PO BOX 12039 (32317 ) TALLAHASSEE, FL 32308 Phone Number : (850)878-2121 BRANCH NUMBER BRANCH NAME AND ADDRESS 770 FLORIDA BRANCH 2405 LUCIEN WAY P.O. BOX 946500 MAITLAND, FL 32794 Phone Number: (407)919-3000 This endorsement changes your policy . Please read it carefully . This endorsement results in no change in premium. Audit Period is Not Auditable c Igallii ME— m== MMe amm C NEI MRE an MR INSURED Page 1 of 2 POLICY NUMBER INSURED NAME AND ADDRESS P 2093563501 MGT OF AMERICA, INC. 3800 ESPLANADE WAY STE 210 TALLAHASSEE, FL 32311 FORMS AND ENDORSEMENTS SCHEDULE The following forms have been added to this policy . FORM NUMBER FORM TITLE G56015B 11/1991 ENDORSEMENT EFFECTIVE 021214 Countersignature 4e4woha cc. • a r star/ Chairman of the Board P-55748-B (Ed . 12/90) INSURED Page 2 of 2 POLICY NUMBER INSDRED NAME AND ADDRESS P 2093563501 MGT OF AMERICA, INC . 3800 ESPLANADE WAY STE 210 TALLAHASSEE, FL 32311 POLICY CHANCES END0RSEMENT EFFECTIVE 021214 This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy, unless another effective date is shown. G-300660-A (Ed .06/08) This form has been added to the policy: THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY . CHANGES - NOTICE OF CANCELLATION OR MATERIAL CHANGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below: Endorsement Effective Policy Number Named Insured Countersigned By (Authorized Representative) In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to : SCHEDULE 1 . Number of days advance notice : 30 MOM 2 . Name : Eagle County Government 3 . Address : 5D0 Broadway, Eagle, CO 81631 En-s as Project : Cost Allocation Plan Contract began 2/12/14 Ends 6/30/14 SEES al'-14- a�- a Cnrrman of me Sawa '°`reury G-56015-B (ED. 11/91 )