HomeMy WebLinkAbout20020030.tiff RESOLUTION
RE: APPROVE AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES
AND AUTHORIZE CHAIR TO SIGN - MAXIMUS, INC.
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Agreement to Provide Professional
Consulting Services between the County of Weld, State of Colorado, by and through the Board
of County Commissioners of Weld County, on behalf of the Accounting Department, and
Maximus, Inc., with terms and conditions being as stated in said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a
copy of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Weld County, Colorado, that the Agreement to Provide Professional Consulting Services
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Accounting Department, and Maximus, Inc.,
be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 2nd day of January, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
WEL OUNTY, OL DO
ATTEST: GL If
Lb Glenn Va , Chair
Weld County Clerk to th8.��a�
r { David E. ong, Pro-Tem
BY: _ ,t. a' L
Deputy Clerk to the Br�V:'/ T'\\:..,,,-..>:1> /Wi 49-4/-9/
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AP ED AS RM: 1 ,/� ,c
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. Masden
Date of signature: 1/4
2002-0030
CO • /lc AC0017
AGREEMENT TO PROVIDE
PROFESSIONAL CONSULTING SERVICES
WELD COUNTY, COLORADO
THIS AGREEMENT, entered into this 2nd day of January 2002,
and effective immediately by and between MAXIMUS, Inc. (hereafter called
"Consultant"), and WELD County, Colorado (hereinafter called the "COUNTY"),
WITNESSETH THAT:
WHEREAS, the County has programs which it operates with outside
funding; and
WHEREAS, the County supports these programs with support services
paid from the County's general funds; and
WHEREAS, outside users will pay a fair share of these costs, if supported
by an appropriate cost allocation plan; and
WHEREAS, Consultant is staffed with personnel knowledgeable and
experienced in the requirements of developing and negotiating such
governmental cost allocation plans; and
WHEREAS, the County desires to engage the Consultant to assist in
developing a plan which conforms to Federal requirements and will be approved
by their representatives;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. EMPLOYMENT OF CONSULTANT. The County agrees to engage
the Consultant and the Consultant hereby agrees to perform the following
services.
2. SCOPE OF SERVICES. The Consultant shall do, perform, and carry
out in a good and professional manner the following services:
A. Technical assistance of one central services cost allocation
plan, based on actual costs for the year ended December 31, 2001,
which identifies the various costs incurred by the County to support
and administer non-general fund programs. This plan will contain a
determination of the allowable costs of providing each supporting
service such as: purchasing, personnel, disbursement, processing,
etc.
B. Negotiation of the completed cost allocation plan with the
appropriate Federal and/or State Representatives if such negotiation
is requested by those representatives.
3. TIME OF PERFORMANCE. The services to be performed
hereunder by the Consultant shall be undertaken and completed in such
2002-0030
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sequence as to assure their expeditious completion and best carry out the
purposes of the agreement.
4. COMPENSATION. The County agrees to pay the Consultant a sum
not to exceed FIVE THOUSAND FIVE HUNDRED DOLLARS ($5,500.00) for all
expenses incurred. Consultant agrees to complete the project and all services
provided herein for said sum.
5. METHOD OF PAYMENT. Consultant shall be entitled to payment in
accordance with the provisions of this paragraph. Upon delivery of the cost plan
to the county (or finalization of the plan due to revisions), Consultant will invoice
the county for 100% of the contract amount.
6. CHANGES. The County may, from time to time, require changes in
the scope of the services of the Consultant to be performed hereunder. Such
changes, which are mutually agreed upon by and between the County and
Consultant, shall be incorporated in written amendment to this Agreement.
7. SERVICES AND MATERIALS TO BE FURNISHED BY COUNTY.
The County shall furnish the Consultant with all available necessary information,
data, and materials pertinent to the execution of this Agreement. The County
shall cooperate with the Consultant in carrying out the work herein, and shall
provide adequate liaison between the Consultant and other agencies of County
government.
8. INFORMATION AND REPORTS. The Consultant shall, at such time
and in such form as the County may require, furnish such periodic reports
concerning the status of the project, such statements, certificates, approvals, and
other information relative to the project as may be requested by the County. The
Consultant shall furnish the County, upon request, with copies of all documents
and other materials prepared or developed in relation with or as part of the
project.
9. RECORDS AND INSPECTION. The Consultant shall maintain full
and accurate records with respect to all matters covered under this Agreement.
The County shall have free access at all proper times to such records, and the
right to examine and audit the same and to make transcripts therefrom, and to
inspect all program data, documents, proceedings, and activities.
10. ACCOMPLISHMENT OF PROJECT. The Consultant shall
commence, carry on, and complete the project with all practicable dispatch, in a
sound economical and efficient manner, in accordance with the provisions
thereof, and all applicable laws. In accomplishing the project, the Consultant
shall take such steps as are appropriate to insure that the work involved is
properly coordinated with related work being carried on in the County.
11. PROVISIONS CONCERNING CERTAIN WAIVERS. Subject to
applicable law, any right or remedy which the County may have under this
contract may be waived in writing by the County by a formal waiver, if, in the
judgment of the County, this contract, as so modified, will still conform to the
terms and requirements of pertinent laws.
12. MATTERS TO BE DISREGARDED. The titles of the several
sections, subsections, and paragraphs set forth in this contract are inserted for
convenience of reference only and shall be disregarded in construing or
interpreting any of the provisions of this contract.
13. COMPLETENESS OF CONTRACT. This contract and any
additional or supplementary document or documents incorporated herein by
specific reference contain all the terms and conditions agreed upon by the parties
hereto, and no other agreements, oral or otherwise, regarding the subject matter
of this contract or any part thereof shall have any validity or bind any of the
parties hereto.
14. COUNTY NOT OBLIGATED TO THIRD PARTIES. The County shall
not be obligated or liable hereunder to any party other than the Consultant.
15. WHEN RIGHTS AND REMEDIES NOT WAIVED. In no event shall
the making by the County of any payment to the Consultant constitute or be
construed as a waiver by the County of any breach of covenant, or any default
which may then exist, on the part of the Consultant, and the making of any such
payment by the County while any such breach or default shall exist in no wise
impair or prejudice any right or remedy available to the County in respect to such
breach or default.
16. PERSONNEL. The Consultant represents that it has, or will secure
at its own expense, all personnel required in performing the services under this
agreement. Such personnel shall not be employees of or have any contractual
relationship with the County. All of the Services required hereunder will be
performed by the Consultant or under its supervision, and all personnel engaged
in the work shall be fully qualified to perform such services.
17. CONSULTANT LIABILITY IF AUDITED. The Consultant will assume
all financial and statistical information provided to the Consultant by the County's
employees or representatives is accurate and complete. Any subsequent
disallowance of funds paid to the County under the plan is the sole responsibility
of the County. The Consultant will, however, provide assistance to the County
should an audit be undertaken of County indirect costs.
18. ASSIGNMENT. Consultant agrees not to assign, convey or transfer
its interest in this Agreement to any other entity without the prior written consent
of the County, which consent shall not be unreasonably withheld. Provided
however, Consultant may assign, convey or transfer its interest in this Agreement
to an entity which succeeds to substantially all of the business of Consultant, by
merger or otherwise.
19. COPYRIGHT. Client acknowledges that the software which
generates the report format and the report format to be provided by Consultant
are copyrighted. Consultant shall ensure that all copies of its report bear the
copyright legend. Client agrees that all ownership rights and copyrights thereto
lie with Consultant. Client may use the report solely for and on behalf of Client's
operations. Client agrees that it will take appropriate action by instruction,
agreement or otherwise with its employees to satisfy its obligations with respect
to use, copying, protection and security of the report format.
20. NOTICES. Any notices, bills, invoices, or reports required by this
Agreement shall be sufficient if sent by the parties hereto in the United States
mail, postage paid, to the addresses noted below:
Weld, Colorado MAXIMUS, Inc.
915 10th St. 10200 E. Girard Avenue, B-223
Greely, CO 80632 Denver, CO 80231
Attn: Barb Eurich Attn: Charles Mahoney
IN WITNESS WHEREOF, the County and the Consultant have executed
this Agreement as of the date first written above.
Board of County Commissioners
of Weld County, Colorado
By: 1� Date: 01/02/2002
(W L��urrt , ado Official)
Glenn Vaad, Chair
/
Attest
1 .
7,�
Deputy Clerk to the
c.
By: Date: i i-A0/O1
RICH RD L. PEARL
Vice President
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