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HomeMy WebLinkAboutC22-149 MGT of America ConsultingAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY, COLORADO AND MGT of America Consulting, LLC THIS AGREEMENT (“Agreement”) is effective as of ________________ by and between MGT of America Consulting, LLC (hereinafter “Consultant” or “Contractor”) and Eagle County, Colorado, a body corporate and politic (hereinafter “County”). RECITALS WHEREAS, Consultant will complete a cost allocation plan for Eagle County Government (the “Project”); and WHEREAS, Consultant is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall 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: 1. Services. Consultant agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A (“Services”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Consultant agrees to furnish the Services no later than June 30, 2022 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Consultant agrees to furnish the Services in a timely and expeditious manner consistent with the applicable 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. DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E 4/11/2022 2 Eagle County Prof Services Final 5/14 c. Consultant agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. 2. County’s Representative. The Finance Department’s designee shall be Consultant’s contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 30th of June, 2022. 4. Extension or Modification. This Agreement may be extended for up to two additional one-year terms upon written agreement of the parties. Any amendments or modifications shall be in writing signed by both parties. No additional services or work performed by Consultant shall be the basis for additional compensation unless and until Consultant has obtained written authorization and acknowledgement by County for such additional services in accordance with County’s internal policies. 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 of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment 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. 5. Compensation. County shall compensate Consultant for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $6,650.00. Consultant shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by County. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Consultant. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as County may request. b. Any out-of-pocket expenses to be incurred by Consultant and reimbursed by County shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E 3 Eagle County Prof Services Final 5/14 Out-of-pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Consultant. Consultant shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by County. c. 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 Consultant 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, Consultant 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. d. County will not withhold any taxes from monies paid 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. e. 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). 6. 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. The Consultant shall be responsible for the acts and omissions of its agents, employees and sub-consultants or sub-contractors. DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E 4 Eagle County Prof Services Final 5/14 7. Insurance. 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 insurance 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 and $2,000,000 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. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include Eagle County, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. ii. Consultant’s certificates of insurance shall include sub-consultants as additional insureds under its policies or Consultant shall furnish to County separate certificates and endorsements for each sub-consultant. All coverage(s) for sub-consultants shall be subject to the same 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. DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E 5 Eagle County Prof Services Final 5/14 iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an “A.M. Best” rating of not less than A-VII. iv. Consultant’s insurance coverage shall be primary and non-contributory with respect to all other available sources. Consultant’s policy shall contain a waiver of subrogation against Eagle County. v. All policies must contain an endorsement affording an unqualified thirty (30) days notice of cancellation to County in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Consultant’s certificate of insurance evidencing all required coverage(s) is attached hereto as Exhibit B. Upon request, Consultant shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from County, and hereby authorizes Consultant’s broker, without further notice or authorization by Consultant, to immediately comply with any written request of County for a complete copy of the policy. viii. 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 County a new certificate of insurance showing such coverage. ix. 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. x. The insurance provisions of this Agreement shall survive expiration or termination hereof. xi. The parties hereto understand and agree that the 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. DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E 6 Eagle County Prof Services Final 5/14 xii. Consultant is not entitled to workers’ compensation benefits except as provided by the Consultant, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Consultant or some other entity. The Consultant is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Consultant shall indemnify and hold harmless County, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which County may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Consultant or any of its sub-consultants hereunder; and Consultant shall reimburse County for reasonable attorney fees and costs, legal and other expenses incurred by County 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 County to the extent that County is liable to such third party for such claims without regard to the involvement of the Consultant. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Consultant in connection with the Services shall become 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 subconsultant in connection with the performance of the Services and additional services under this Agreement). 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when sent via facsimile so long as the sending party can provide facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission, or (v) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Anna Earl 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-3514 DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E 7 Eagle County Prof Services Final 5/14 E-Mail: anna.earl@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 E-Mail: atty@eaglecounty.us CONSULTANT: MGT of America Consulting, LLC Attention: Patrick J. Dyer 4320 West Kennedy Blvd. Tampa, FL 33609 E-mail: pdyer@mgtconsulting.com; contracts@mgtconsulting.com 11. Coordination. Consultant acknowledges that the development and processing of the Services for the Project may require close coordination between various consultants and contractors. Consultant shall coordinate the Services required hereunder with the other consultants and 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. 12. Termination. County may terminate this Agreement, in whole or in part, 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 9 hereof, in such format as County shall direct and shall return all County owned materials and documents. County shall pay Consultant for Services satisfactorily performed to the date of termination. 13. 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 DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E 8 Eagle County Prof Services Final 5/14 Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 14. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 15. Other Contract Requirements. a. Consultant shall be responsible for the completeness and accuracy of the Services, including all supporting data or 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 Services shall not relieve Consultant of any of its responsibilities. Consultant shall perform the 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 Colorado. This paragraph shall survive termination of this Agreement. 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. c. This Agreement constitutes an agreement for performance of the 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. d. 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. DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E 9 Eagle County Prof Services Final 5/14 e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. f. Consultant shall not assign any portion of this Agreement without the prior written consent of the County. Any attempt to assign this Agreement without such consent shall be void. g. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. h. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. i. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j. 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 such audits and inspections of records during normal business hours, upon 48 hours’ notice to Consultant. Consultant shall fully cooperate during such audit or inspections. k. 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 the Services and Consultant shall not employ any person having such known interests. l. 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 (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) to the extent applicable shall comply with C.R.S. 24-76.5-103 prior to the effective date of this Agreement. 16. Prohibitions on Government Contracts. As used in this Section 16, the term undocumented individual will refer to those individuals from foreign countries not legally within the United States as set forth in C.R.S. 8-17.5-101, et. seq. If DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E 10 Eagle County Prof Services Final 5/14 Consultant has any employees or subcontractors, Consultant shall comply with C.R.S. 8-17.5- 101, et. seq., and this Agreement. By execution of this Agreement, Consultant certifies that it does not knowingly employ or contract with an undocumented individual who will perform under this Agreement 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 under this Agreement. a. Consultant shall not: i. Knowingly employ or contract with an undocumented individual to perform Services under this Agreement; or ii. Enter into a subcontract that fails to certify to Consultant that the subcontractor shall not knowingly employ or contract with an undocumented individual 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 under this Agreement 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: https://www.uscis.gov/e-verify 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 undocumented individual, Consultant shall be required to: i. Notify the subcontractor and County within three (3) days that Consultant has actual knowledge that the subcontractor is employing or contracting with an undocumented individual; 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 undocumented individual; except that Consultant shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an undocumented individual. DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E 11 Eagle County Prof Services Final 5/14 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 Agreement for breach of contract. If the Agreement is so terminated specifically for breach of this provision of this Agreement, Consultant shall be liable for actual and consequential damages to County as required by law. g. County will notify the Colorado Secretary of State if Consultant violates this provision of this Agreement and County terminates the Agreement for such breach. [REST OF PAGE INTENTIONALLY LEFT BLANK] DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E 12 Eagle County Prof Services Final 5/14 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its COUNTY MANAGER By:______________________________ Jeff Shroll, County Manager CONSULTANT: By:_________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E Patrick Dyer Vice President 13 Eagle County Prof Services Final 5/14 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E EAGLE COUNTY, COLORADO | FEBRUARY 15, 2022 COST ALLOCATION PLAN SCOPE OF SERVICES PAGE 1 COST ALLOCATION PLAN SCOPE OF SERVICES EXPERIENCE / QUALIFICATIONS MGT OF AMERICA CONSULTING, LLC MGT of America Consulting, LLC (MGT) is a national research and management consulting firm specializing in providing management and financial services to government clients. Founded in 1974, MGT is a limited liability company owned by the current and retired partners, principals, and consultants of the firm. The advantage of this ownership structure to our clients is that every member of the firm has a vested interest in the successful completion of every project, for every client. MGT FINANCIAL SOLUTIONS GROUP The MGT Financial Solutions Group provides cost allocation plan preparation, user fee study and indirect cost rate calculation services to government entities in over 30 states including Colorado. In the past five years, our consultants have prepared more than 300 hundred cost allocation plans and studies for cities, and counties ranging in population from a few thousand to over three million. Additionally, MGT financial solutions consultants have successfully completed several thousand user fee studies, cost allocation plans, and related studies for cities and counties in the past 30 years as consultants with MGT or as consultants with other firms. Our proposed Project Director, Ms. Meredith Miller, and our proposed Project Consultant, Ms. Michelle Garrett, successfully provide cost allocation services to nearly sixty other Colorado cities and counties as well as for cities and counties across the U.S. EXPERIENCE IN COLORADO The following table is a list of Colorado clients currently, or recently, receiving cost allocation, indirect cost rate calculation or use fee study services from MGT Financial Services consultants. Adams County Arapahoe County Archuleta County Baca County Bent County Boulder County City and County of Broomfield Cañon City Chaffee County Cheyenne County City of Boulder City of Centennial City and County of Denver City of Colorado Springs City of Durango City of Rifle City of Loveland City of Westminster Crowley County Delta County Dolores County Douglas County Eagle County Elbert County Fremont County Garfield County Gilpin County Grand County Gunnison County DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E COST ALLOCATION PLAN SCOPE OF SERVICES EAGLE COUNTY, COLORADO | FEBRUARY 15, 2022 COST ALLOCATION PLAN SCOPE OF SERVICES PAGE 2 Huerfano County Jefferson County Kiowa County Kit Carson County LaPlata County Larimer County Las Animas Lincoln County Logan County Mesa County Moffat County Montezuma County Montrose County Otero County Ouray County Park County Phillips County Pitkin County Prowers County Rio Blanco County Routt County Saguache County Sedgwick County Summit County Teller County Town of Castle Rock Washington County Yuma County The current experience from annually serving nearly 60 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.  How other Colorado cities and counties are applying cost allocation.  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. 2 CFR PART 200 COST ALLOCATION PLAN States, and many state agencies, counties, and cities provide services that include administrative and support expenditures allowable for federal and/or state and/or interfund reimbursement. Under 2 CFR Part 200 guidelines, which are now codified in the Code of Federal Regulations (CFR) as 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 a 2 CFR Part 200 compliant cost allocation plan is applicable to external purposes such as recovering indirect costs on federal and state grants and awards, and internal purposes such as charging administrative and support costs incurred to non-General Funds. 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 29% of these administrative costs associated with operating Human Services programs. DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E COST ALLOCATION PLAN SCOPE OF SERVICES EAGLE COUNTY, COLORADO | FEBRUARY 15, 2022 COST ALLOCATION PLAN SCOPE OF SERVICES PAGE 3 Counties must file a 2 CFR Part 200 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. In addition to reimbursement from CDHS, Colorado counties may use a 2 CFR Part 200 cost allocation plan to document and support indirect cost reimbursement requests from agencies such as CDOT as well as for transfers for administrative and support services from non-General Funds to the General Fund. COST ALLOCATION PLAN PREPARATION METHODOLOGY We utilize a cost allocation plan methodology that incorporates years of experience applying 2 CFR Part 200 principles 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. SPECIFIC PHASES AND TASKS The following four-phase work plan has been refined over many years to provide a methodology that produces compliant cost allocation plans with minimal disruption to our client’s workload. Phase 1 – Meetings with County Personnel and Data Collection  Meet with key County personnel including Finance and Health and Human Services. This meeting will refine project objectives, establish the final project schedule, and identify potential pitfalls. We will review our project approach with meeting participants and make sure that all involved personnel fully understand how the cost allocation plan will be developed and adopted, as well as conform to the County’s desired outcomes. We will also request from the County source financial and operational data at this time.  We will then determine appropriate net allowable costs, including labor, for each central service (centralized administrative or support) department or division (such as accounting, human resources, and information technology) while also identifying the primary services (or functions) provided and the recipients of those services. We will also determine jointly with department personnel, optimal allocation bases or metrics to distribute the identified service costs. Phase 2 – Process Draft Cost Allocation Plan  Based on each central service department’s identified services, corresponding net costs, service recipients, and allocation base or metric, we will process a draft cost allocation plan. This draft plan will be reviewed and refined based on several quality assurance activities. Our proprietary cost allocation software will be used to process the cost allocation plan. DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E COST ALLOCATION PLAN SCOPE OF SERVICES EAGLE COUNTY, COLORADO | FEBRUARY 15, 2022 COST ALLOCATION PLAN SCOPE OF SERVICES PAGE 4 Phase 3 – Review Draft Results with County Personnel  After the draft cost allocation plan is prepared and reviewed internally, our consultants will review the results with County personnel from Finance and key central service and receiving departments such as Human Services, Health, Road and Bridge and other grant funds, and special revenue or enterprise funds. Inconsistencies will be reconciled, new data obtained as required, and the draft cost allocation plan and indirect cost rates (if applicable) will be revised as necessary. Phase 4 – Finalize Results and Provide On-going Assistance  After Finance and other key department personnel have approved the final cost allocation plan, we will prepare supplemental schedules, management reports, compliance verbiage, and certifications as necessary or requested.  Deliver two printed and electronic cost allocation plans to the County, as well as electronic copies of all supporting documentation, including comparison and trend reports, as requested. We will also assist County staff integrate the cost allocation plan and indirect cost rates (if applicable) into the County's financial and operational systems.  Assist in submitting the final cost allocation plan to the Colorado Department of Human Services.  Provide negotiation, audit defense, and technical assistance on an on-going basis to County personnel. We will be available and responsive to County personnel throughout the year to answer questions or provide information.  Should the cognizant agency not approve the plan or rates, we will modify the analysis until accepted. ESTIMATED SCHEDULE The estimated schedule for completing the cost allocation plan is approximately 90 days. Annually, the project would begin around the first part of March and conclude with submittal to the County and to CDHS on or before June 30. This time frame assumes necessary data is provided in a timely manner in a usable format. This timeframe is flexible and can be modified to meet external and internal deadlines. COUNTY SUPPLIED ASSISTANCE We are flexible in the level of involvement of County personnel. County personnel can work very closely with the project team and be actively involved in every step of the process or can be moderately involved in the project and defer the day-to-day project details and data collection to the consultants. Either approach, or an in-between hybrid approach, will lead to the same successful project results. Ideally the County will designate a project manager to serve as a liaison between the County and the project team. The County’s project manager will provide institutional knowledge to the project team, provide centralized data such as expenditure and salary reports, and schedule initial meetings with the various departments. The time requirement for this individual is minimal. DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E COST ALLOCATION PLAN SCOPE OF SERVICES EAGLE COUNTY, COLORADO | FEBRUARY 15, 2022 COST ALLOCATION PLAN SCOPE OF SERVICES PAGE 5 In addition to the County’s project manager, the project will request a department liaison from each allocating, or support, department. Ideally, these department liaisons will be familiar with the operations and personnel within the department they represent. The time requirement for these individuals is minimal. We estimate that County personnel should spend no more than 2 to 4 hours on the project, with the exception of the County’s project manager. This person’s time is totally dependent on the amount of involvement in the project he/she wishes to devote to it. That individual might want to participate in all aspects of the project. Most project managers participate in selected interviews and all review sessions, in which case their involvement could be 10 to 20 hours over the course of the project. Department personnel primary involvement in the project will provide our team with information based on three broad questions. 1. What services does your department provide? 2. How are these services provided? 3. Which departments receive these services? Department personnel are also asked to review and validate inputs and/or draft results. PROJECT DELIVERABLES The County will receive from MGT consultants the following services: Project Deliverables 1. A Final 2 CFR Part 200 cost allocation plan based on actual costs. This cost plan will allow the County to recover indirect costs from federal and state programs such as Human Services programs administered through CDHS. 2. A Final 2 CFR Part 200 cost allocation plan Human Services Reimbursement Schedule. This schedule will be submitted to CDHS along with the 2 CFR Part 200 cost allocation plan for reimbursement of costs. 3. A Final 2 CFR Part 200 Indirect Cost Rate based on actual costs. This indirect cost rate will allow the County to recover indirect costs from federal and state programs and grants if allowed. 4. Final 2 CFR Part 200 cost allocation plan Management and Trend Report. These reports can be utilized to help analyze the cost allocation plan data in a more manageable format (after two years of data comparisons can be shown). 5. Negotiation of the 2 CFR Part 200 cost allocation plan with federal and/or state officials if those officials request such negotiation. 6. A Final Full cost allocation plan based on actual costs. This cost plan will allow the County to recover indirect costs from other agencies that have their own revenue sources. DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E COST ALLOCATION PLAN SCOPE OF SERVICES EAGLE COUNTY, COLORADO | FEBRUARY 15, 2022 COST ALLOCATION PLAN SCOPE OF SERVICES PAGE 6 7. Final Full cost allocation plan Management and Trend Report. These reports can be utilized to help analyze the cost allocation plan data in a more manageable format (after two years of data comparisons can be shown). 8. Continuous training, guidance and assistance on applying the cost allocation plan. Examples of applications include analyzing unit costs, reviewing operational data for trends and efficiencies and as a component of user fees. 9. Analysis of areas where the potential exists for the County to recover additional direct or indirect costs. COLORADO-BASED CONSULTANTS MS. MEREDITH MILLER, PROJECT DIRECTOR Ms. Meredith Miller will serve as the project director for this engagement. In this role Ms. Miller will attend on-site interviews, training and coordination over the life of this engagement. She will assist with department interviews, scheduling, data collection, follow up phone calls and e-mails. Ms. Miller will also closely monitor the project timeline against milestones and deadlines. Ms. Miller is a Director with MGT, and brings exceptional organizational and interpersonal skills to this study. She has more than 14 years of experience providing public-sector consulting services and manages our cost plan practice. She has a background in local government consulting focusing on cost allocation development, user fee rate calculations, and indirect cost rate proposals. She has worked in most of the states in the western United States with clients ranging from small cities, counties and special districts to major metropolitan cities such as Houston and Dallas MS. MICHELLE GARRETT, PROJECT MANAGER Ms. Garrett will serve the County as Project Manager. In this role, she will have participation in day-to- day activities such as meeting with department personnel, collecting data, processing data, reviewing draft calculations with the Project Director and preparing final documents. Ms. Garrett has over fifteen years of professional consulting experience working with local governmental agencies. She has worked with dozens of jurisdictions including many cities and counties in Colorado. Ms. Garrett has led and managed numerous consulting projects involving project initiation and planning, managing the claiming project, collecting and analyzing data as a result of interview and training sessions, performing quality assurance on deliverables, and project close out. MS. ELLIE HENNES, CONSULTANT Ms. Hennes will serve the County as Consultant. In this role, she will have participation in day-to-day activities such as meeting with department personnel, collecting data, processing data, reviewing draft calculations with the Project Manager and preparing final documents. DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E COST ALLOCATION PLAN SCOPE OF SERVICES EAGLE COUNTY, COLORADO | FEBRUARY 15, 2022 COST ALLOCATION PLAN SCOPE OF SERVICES PAGE 7 Ms. Hennes is a Consultant with MGT and has 5 years of experience in public sector financial consulting. Her range of experience includes Full Cost and 2 CFR Part 200 cost allocation plans, indirect cost rate proposals, and jail rate studies. Detailed consultant resumes will be provided upon request. PROJECT FEE MGT will provide the proposed deliverables for the following fixed, all-inclusive guaranteed maximum fee. This fee contains all direct and indirect costs including meetings, document production, etc. Project Description Total Fees FY21 2 CFR Part 200 Compliant & Full Cost Allocation Plans and Indirect Cost Rate Completed in 2022 $6,650 FY22 2 CFR Part 200 Compliant & Full Cost Allocation Plans and Indirect Cost Rate Completed in 2023 $6,750 FY23 2 CFR Part 200 Compliant & Full Cost Allocation Plans and Indirect Cost Rate Completed in 2024 $6,750 Progressive payments based on achieved milestones can be requested. REFERENCES Although three references are included in our proposal, any client could serve as a reference. Contact data for all Colorado clients can be provided upon request. These three references are for current MGT cost allocation clients receiving services from the MGT consultants proposed for the County. ADAMS COUNTY JEFFERSON COUNTY ELBERT COUNTY Mr. Kevin Campbell Senior Accountant 720.523.6298 kcampbell@adcogov.org Ms. Joyce Neal Sr. Financial Analyst 303.271.8528 JNeal@Jeffco.us Ms. Michelle Schrote, CPA Finance Manager 303.621.3133 Michelle.schrote@elbertcounty-co.gov DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E 14 Eagle County Prof Services Final 5/14 EXHIBIT B Insurance Certificate DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E DocuSign Envelope ID: 289048FA-3DAC-462D-BFA4-9FA8AA70063E