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HomeMy WebLinkAbout20241607.tiffeorrvac4-1Ag140 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Maximus Consulting Services — 2 CFR 200 Cost Allocation Plan Preparation DEPARTMENT: Accounting DATE: April 24, 2025 PERSON REQUESTING: Rusty Williams Brief description of the problem/issue: The County has historically contracted the preparation of the County's annual cost allocation plan with Maximus Consulting Services. The preparation of the annual cost allocation plan in accordance with Title 2 of the Code of Federal Regulations (2 CFR 200) is a requirement to accept federal funding. The current agreement with Maximus expires on April 30, 2025, and we have received a new proposal for these services from Maximus for the same annual cost of $5,500. What options exist for the Board? Approve the contract with Maximus for the preparation of the annual cost allocation plan. Consequences: Impacts: Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The cost for preparing the annual cost allocation plan is $5,500. Recommendation: Recommend approving the proposal from Maximus and contracting with them to prepare the County's annual cost allocation plan. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck Scott K. James Jason S. Maxey Lynette Peppier Kevin D. Ross cones OGyindLk 5 /5/2_. C C Cn i5e (AcT) 5/5125 2oz1- Ro01 PC.0023 I CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF ACCOUNTING :.i_. AND MAXIMUS CONSULTING SERVICES, INC. This Agreement Extension/Renewal ("Renewal"), made and entered into 20th day of March, 2025, by and between the Board of Weld County Commissioners, on behalf of the Weld County Department of Accounting, hereinafter referred to as the "Department", and Maximus US Services, Inc., hereinafter referred to as the "Contractor". WHEREAS the parties entered into an agreement (the "Original Agreement") identified by the Weld County Clerk to the Board of County Commissioners as document No. 2024-1607, approved on 6/20/2024. WHEREAS the parties hereby agree to extend the term of the Original Agreement in accordance with the terms of the Original Agreement, which is incorporated by reference herein, as well as the terms provided herein. NOW THEREFORE, in consideration of the premises, the parties hereto covenant and agree as follows: • The Original Agreement will end on April 30, 2025. • The parties agree to extend the Original Agreement for an additional 1 -year period, which will begin May 1,2025, and will end on April 30, 2026. The Renewal, together with the Original Agreement, constitutes the entire understanding between the parties. The following change is hereby made to the Contract Documents, which shall be effective upon the expiration of the current term of the Original Agreement: 1. N/A 2. N/A All other terms and conditions of the Original Agreement remain unchanged. IN WITNESS WHEREOF, the parties hereto have duly executed the Agreement as of the day, month, and year first above written. CONTRACTOR: Jaida Williams Printed Name Signature BOARD OF COUNTY COMMISSIONERS WELQCOUNTY, COLQRADO Perry L. B , Chair MAY 0 3 2025 ATTEST: � •1,�:�.�,/ +D;(1 Weld County Clerk to the Board BY: Deputy Clerk to the Boa 2070-1 lo0-1 ct For Entity Information Entity Name* MAXIMUS INC Entity ID* @00001790 Q New Entity? Contract Name* Contract ID MAXIMUS CONTRACT EXTENSION TO PREPARE 9401 ANNUAL COST ALLOCATION PLAN Contract Status CTB REVIEW Contract Lead * RWILLIAMS Contract Lead Email rwilliams@weld.gov;cpatt elli@weld.gov Parent Contract ID Requires Board Approval YES Department Project # Contract Description * THE COUNTY HAS HISTORICALLY CONTRACTED THE PREPARATION OF THE COUNTY'S ANNUAL COST ALLOCATION PLAN WITH MAXIMUS CONSULTING SERVICES. THE CURRENT AGREEMENT WITH MAXIMUS EXPIRES ON APRIL 30, 2025, AND WE HAVE RECEIVED A NEW PROPOSAL FOR THESE SERVICES. Contract Description 2 Contract Type* Department AGREEMENT ACCOUNTING Amount* $5,500.00 Renewable* YES Automatic Renewal Grant IGA Department Email CM- Accounting@weld.gov Department Head Email CM-Accounting- DeptHead@weld.gov County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM- COUNTYATTORNEY@WEL D.GOV Requested BOCC Agenda Due Date Date* 05/01/2025 05/05/2025 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Termination Notice Period Contact Information Review Date" 04/01/2026 Renewal Date" 04/30/2026 Committed Delivery Date Expiration Date Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 Purchasing Purchasing Approver Purchasing Approved Date Approval Process Department Head Finance Approver Legal Counsel CHERYL PATTELLI CHERYL PATTELLI BYRON HOWELL DH Approved Date Finance Approved Date Legal Counsel Approved Date 04/29/2025 04/29/2025 04/29/2025 Final Approval BOCC Approved Tyler Ref # AG 050523 BOCC Signed Date Originator RWILLIAMS BOCC Agenda Date 05/05/2025 RESOLUTION RE: APPROVE AGREEMENT FOR SERVICES FOR COST ALLOCATION PLAN PREPARATION AND AUTHORIZE CHAIR TO SIGN - MAXIMUS US SERVICES, 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 for Services for Cost Allocation Plan Preparation between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Maximus US Services, Inc., commencing upon full execution of signatures, and ending April 30, 2025, with further 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 for Services for Cost Allocation Plan Preparation between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Maximus US Services, 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 17th day of June, A.D., 2024. BOARD OF COUNTY COMMISSIONERS WELD COUN�T2,eOtORAD ATTEST: C�( w Weld County Clerk to the Board BY: imn1. 14)a4 16I d Deputy Clerk to the Board VED AS County Attorney Date of signature: t € /26 1 4\ 1111 `c Kevin -. oss, Chair Perry L. Buclfl/Pro-Tem Mike Freeman USED t K. James ri Saine cc : AcT(co), F2(cv/3slxo) 07/oL/may 2024-1607 BC0058 AC0023 Corc vact iNi83-13 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Maximus Consulting Services - 2 CFR 200 Cost Allocation Plan Preparation DEPARTMENT: Accounting DATE: May 13, 2024 PERSON REQUESTING: Chris D'Ovidio Brief description of the problem/issue: The County has historically contracted the preparation of the County's annual cost allocation plan with Maximus consulting service. The peroration of an annual cost plan in accordance with 2 Code of Federal Regulations (CFR) Part 200 is a requirement to accept federal funding. The current agreement with Maximus expired on April 30, 2024, and we have received a current proposal for these service from Maximus for the same annual cost of $5,500. What options exist for the Board? Approve the contract with Maximus Consulting for the preparation of the annual cost plan. Consequences: Impacts: Costs (Current Fiscal Year / Ongoing or Subsequent Fiscal Years): The preparation of the cost plan has historically been $5,500 which is the price quotes in Maximus's current proposal. Recommendation: Recommend approving the proposal from Maximus and contracting with them to prepare the County's annual cost plan. Support Recommendation Schedule Place on BOCC Agenda Work Session Other/Comments: Perry L. Buck, Pro-Tem Mike Freeman Scott K. James Kevin D. Ross , Chair Lori Saine 2024-1607 13C00 ► a023 WELD COUNTY AGREEMENT FOR SERVICES BETWEEN WELD COUNTY & MAXIMUS US SERVICES, INC. THIS AGREEMENT is made and entered into this !`Iday of June, 2024, by and between the County of Weld, a body corporate and politic of the State of Colorado, by and through its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 80631 hereinafter referred to as "County," and MAXIMUS US Services, Inc., a corporation licensed to do business in Colorado, who whose address is1600 Tysons Blvd, Suite 1400 McLean, VA 22102, hereinafter referred to as "Contractor". WHEREAS, County desires to retain Contractor as an independent contractor to perform services as more particularly set forth below; and WHEREAS, Contractor has the time available to timely perform the services, and is willing to perform the services according to the terms of this Agreement NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: Introduction. The terms of this Agreement are contained in the terms recited in this document and in Exhibits A and B, each of which forms an integral part of this Agreement. Exhibits A and B are specifically incorporated herein by this reference. County and Contractor acknowledge and agree that this Agreement, including specifically Exhibits A and B, define the performance obligations of Contractor and Contractor's willingness and ability to meet those requirements. Exhibit A consists of the Scope of Services. Exhibit B consists of the Compensation Details. 1. Engagement of Contractor. County hereby retains Contractor, and Contractor hereby accepts engagement by County upon the terms and conditions set forth in this Agreement. 2. Term. The term of this Agreement shall be from the date of last signature below, through and until April 30, 2025, with up to three (3) possible annual extensions upon the written agreement of the parties. Both of the parties to this Agreement understand and agree that the laws of the State of Colorado prohibit County from entering into Agreements which bind County for periods longer than one year. In addition to the term of the agreement, Contractor agrees to defend the plan for up to three (3) years under the same terms and conditions herein. 3. Services to be Performed. Contractor agrees to perform the Services listed or referred to in Exhibit A, attached hereto and incorporated herein. 4. Compensation. County agrees to pay Contractor for services performed as set forth on Exhibit B for the one-year sum of Five Thousand Five Hundred and no/100 Dollars ($5,500.00). The fee includes all time actually spent performing the services and includes travel time and mileage charges. Contractor shall not be paid any other expenses unless set forth in this Agreement. Payment for services and all related expenses under this Agreement shall not exceed the contract price. 5. Additional Work. In the event the County shall require changes in the scope, character, or complexity of the work to be performed, and said changes cause an increase or decrease in the time 1 required or the costs to the Contractor for performance, an equitable adjustment in fees and completion time shall be negotiated between the parties and this Agreement shall be modified accordingly by a supplemental Agreement, duly signed by both parties. Any claims by the Contractor for adjustment hereunder must be made in writing prior to performance of any work covered in the anticipated supplemental Agreement. Any change in work made without such prior supplemental Agreement shall be deemed covered in the compensation and time provisions of this Agreement. 6. Independent Contractor. Contractor agrees that Contractor is an independent contractor and that neither Contractor nor Contractor's agents or employees are, or shall be deemed to be, agents or employees of the County for any purpose. Contractor shall have no authorization, express or implied, to bind the County to any agreement, liability, or understanding. The parties agree that Contractor will not become an employee of County, nor is Contractor entitled to any employee benefits from County as a result of the execution of this Agreement. 7. Warranty. Contractor warrants that services performed under this Agreement will be performed in a manner consistent with the professional standards governing such services and the provisions of this Agreement. 8. Reports County Property. All reports, test results and all other tangible materials first produced as a deliverable in performance of this Agreement, whether or not such materials are in completed form, shall at all times be considered the property of the County. Contractor shall not make use of such material for purposes other than in connection with this Agreement without prior written approval of County. 9. Acceptance of Product not Waiver. Upon completion of the work, Contractor shall submit to County originals of all test results, reports, etc., generated during completion of this work. Acceptance by County of reports and incidental material furnished under this Agreement shall not in any way relieve Contractor of responsibility for the quality and accuracy of the work. Acceptance by the County of, or payment for, any services performed under this Agreement shall not be construed as a waiver of any of the County's rights under this Agreement or under the law generally. 10. Insurance. Contractor shall provide necessary workers' compensation insurance at Contractor's own cost and expense. 11. Termination. Either party may terminate this Agreement at any time by providing the other party with a 10 -day written notice thereof. Furthermore, this Agreement may be terminated at any time upon ten (10) days prior written notice for a material breach of the terms of the Agreement. The breaching party shall have the notice period, or a longer period as agreed upon by the parties, to cure any such default prior to termination. In the event of an early termination, Contractor shall be paid for work performed up to the time of notice and County shall be entitled the use of all material generated pursuant to this Agreement. 12. Non -Assignment. Contractor may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of County. 13. Access to Records and Audit Disallowances. County shall have access to Contractor's financial records as they relate to this Agreement for purposes of audit. Such records shall be complete and available for audit 90 days after final payment hereunder and shall be retained and available for audit purposes for at least five years after final payment hereunder. County represents that all financial and 2 statistical information provided to Contractor by County, its employees and/or agents is accurate and complete to the best of County's knowledge. Contractor shall, upon notice of audit, make work papers and other records available to the auditors. Contractor's sole responsibility under an audit shall be to provide reasonable assistance to the County through the audit and to make those changes to the work product as required as a result of the audit. Contractor shall not be liable for any audit disallowances or any missed or lost revenue associated with, or related to, the Services, regardless of cause. 14. Time of Essence. Time is of the essence in each and all of the provisions of this Agreement. 15. Interruptions. Neither party to this Agreement shall be liable to the other for delays in delivery or failure to deliver or otherwise to perform any obligation under this Agreement, where such failure is due to any cause beyond its reasonable control, including but not limited to Acts of God, fires, strikes, war, flood, earthquakes or Governmental actions. 16. Notices. Any notice required to be given under this Agreement shall be in writing and shall be mailed or delivered to the other party at that party's address as stated above. 17. Compliance. This Agreement and the provision of services hereunder shall be subject to the laws of Colorado and be in accordance with the policies, procedures, and practices of County. Contractor shall strictly comply with all applicable federal and State laws, rules and regulations in effect or hereafter established, including without limitation, laws applicable to discrimination and unfair employment practices. 18. Non -Exclusive Agreement. This Agreement is nonexclusive, and County may engage or use other contractors or persons to perform services of the same or similar nature. 19. Certification. Contractor certifies that Contractor is not an illegal immigrant, and further, Contractor represents, warrants, and agrees that it has verified that Contractor does not employ any illegal aliens. If it is discovered that Contractor is an illegal immigrant, employs illegal aliens or subcontracts with illegal aliens, County can terminate this Agreement and Contractor may be held liable for damages. 20. Entire Agreement/Modifications. This Agreement contains the entire agreement between the parties with respect to the subject matter contained in this Agreement. This instrument supersedes all prior negotiation, representation, and understanding or agreements with respect to the subject matter contained in this Agreement. This Agreement may be changed or supplemented only by a written instrument signed by both parties. 21. Funding Contingency. No portion of this Agreement shall be deemed to create an obligation on the part of County to expend funds not otherwise appropriated or budgeted for. 22. No Conflict. No employee of Contractor nor any member of Contractor's family shall serve on a County Board, committee or hold any such position which either by rule, practice or action nominates, recommends, supervises Contractor's operations, or authorizes funding to Contractor. 23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 3 24. Governmental Immunity. No portion of this Agreement shall be deemed to constitute a waiver of any immunities the parties or their officers or employees may possess. 25. No Third Party Beneficiary. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 26. Indemnification. Contractor shall defend, indemnify and hold harmless County from and against damages, liability and costs (including reasonable attorney fees) directly caused by negligent actions of willful misconduct of Contractor, its employees or agents. Consultant shall not be responsible for any damages or liability resulting from the negligence or willful misconduct of County, its employees, consultants, or agents or any third party. 27. Limitation of Liability. Client agrees that Contractor's total liability to County for any and all damages whatsoever arising out of or in any way related to this Agreement from any cause, including but not limited to contract liability or Contractor's negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not, in the aggregate, exceed the value of the contract. In no event shall Contractor be liable for indirect, special, incidental, economic, consequential or punitive damages, including, but not limited to lost revenue, lost profits, replacement goods, loss of technology rights or services, loss of data, or interruption or loss of use of software or any portion thereof regardless of the legal theory under which such damages are sought even if Contractor has been advised of the likelihood of such damages, and notwithstanding any failure of essential purpose of any limited remedy. Any claim by County against Contractor relating to this Agreement must be made in writing and presented to Contractor within one (1) year after the date on which Contractor completes performance of the services specified in this Agreement. 28. Subcontractors. Contractor acknowledges that County has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any subcontractor agreements for the completion of this Project without County's prior written consent, which may be withheld in County's sole discretion. 29. Data Accuracy. Contractor shall provide guidance to the County in determining the data required. The County represents that all financial and statistical information provided to Contractor by the County, its employees and/or agents is accurate and complete to the best of County's knowledge. The County further acknowledges and agrees that Contractor shall be entitled to rely upon the accuracy and completeness of the data to perform the Services. The County shall provide all such data in a timely manner sufficient to allow Contractor to provide the Services. Contractor shall have no liability to the County whatsoever if the County provides incomplete or inaccurate data or provides data in an untimely manner. 30. Copyright for Contractor's Proprietary Software. To the extent that the Services provided by Contractor are generated by Contractor's proprietary software, nothing contained herein is intended nor shall it be construed to require Contractor to provide such software to the County. The County agrees that it has no claims of ownership, including copyright, patents or other intellectual property rights to Contractor's software. Nothing in this Agreement shall be construed to grant the County any rights to Contractor's materials created prior to the execution of this Agreement. All of the deliverables under this Agreement are specifically set out in Exhibit A. 4 31. Litigation Reimbursement. If Contractor is requested or authorized by the County, or is required by government regulation, a regulatory agency, subpoena, or other legal process, to produce Contractor deliverables, documents, records, working papers, or personnel for testimony or interviews with respect to this Agreement or any services provided hereunder, the County will reimburse Contractor without limitation for all Contractor time and expenses, including, but not limited to, attorneys' fees, court costs and travel expenses, incurred in responding to such requests whether incurred by Contractor employees, consultants, contractors or agents. The foregoing does not diminish or negate Contractor's obligation to negotiate and defend all cost allocation plans and State mandated cost claims as specifically provided for under the Description of Services contained in Exhibit A. Remainder of the Page Left Blank 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written below. MAXIMUS US SERVICES, INC.: By Counsel -Contracts Si ture d Titt Jennifer Galletta, Counsel - Contracts Print Name and Title 6/5/2024 Date BOARD OF COUNTY COMMISSIONERS ATTEST: WELD COUNTY, COLORADO BY: Clerk to the Board Deputy Clerk to the B•_�T. 4'�j� 4] ',n D. Ross, Chair 6 2oay - 160 7 EXHIBIT A Scope of Services A. Provide technical assistance for the completion of a 2 CFR Part 225 (OMB A-87) compliant central services cost allocation plan, based on actual costs for the year ended December 31, 2023, which identifies the various costs incurred by the County to support and administer non -general fund programs. B. Negotiation of the completed cost allocation plan with the appropriate Federal and/or State Representatives if such negotiation is requested by those representatives. Contractor shall defend County under audit for a period of three (3) years without cost to the County. 7 EXHIBIT B Compensation For services provided as set forth in Exhibit A, County agrees to pay Contractor compensation in the amount of FIVE THOUSAND FIVE HUNDRED and No/100 Dollars ($5,500.00). Payment of the standard fee, which shall include reimbursement for expenses incurred, shall be made in two installments: seventy percent (70%) of the standard fee shall be due upon delivery of draft plan(s); the remaining thirty percent (30%) of the standard fee shall be due upon delivery of the final plan(s). Contractor will render to County one or more invoices for the fees specified herein, with payment due by thirty (30) days after the date of the invoice(s). Any amount which has not been paid by County on or before sixty (60) days after its receipt of an invoice will bear interest at the rate of 1% per month. 8 Contract Form I Entity Information Entity Name* Entity ID* ❑ New Entity? MAXIMUS INC @00001790 Contract Name* Contract ID WELD ANNUAL COST ALLOCATION PLAN 8373 Contract Status CTB REVIEW Contract Lead CDOVIDIO Contract Lead Email cdovid io@weldgov.com;c pattelli@weldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description* THE COUNTY HAS CONTRACTED THE PREPARATION OF THE COUNTY'S ANNUAL COST ALLOCATION PLAN WITH MAXIMUS CONSULTING SERVICE. THE ANNUAL COST PLAN IN ACCORDANCE WITH 2 CODE OF FEDERAL REGULATIONS (CFR) PART 200 IS A REQUIREMENT TO ACCEPT FEDERAL FUNDING. Contract Description 2 THE CURRENT AGREEMENT WITH MAXIMUS EXPIRED ON APRIL 30, 2024, AND WE HAVE RECEIVED A CURRENT PROPOSAL FOR THESE SERVICE FROM MAXIMUS FOR THE SAME ANNUAL COST OF $5,500. Contract Type" Department Requested BOCC Agenda Due Date AGREEMENT ACCOUNTING Date* 06/13/2024 06/17/2024 Amount* Department Email $5,500.00 CM- Willa work session with BOCC be required?* Accounting@weldgov.com NO Renewable* YES Department Head Email Does Contract require Purchasing Dept. to be CM -Accounting- included? Automatic Renewal DeptHead@weldgov.com Grant County Attorney GENERAL COUNTY ATTORNEY EMAIL IGA County Attorney Email CM- COUNTYATTORNEY@WEL DGOV.COM If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase I Contract Dates ! Effective Date Termination Notice Period Contact Information j Contact Info Contact Name Contact Type Contact Email Contact Phone 1 Contact Phone 2 L__ Review Date* 03/01/2025 Committed Delivery Date Renewal Date* 04/30/2025 Expiration Date Purchasing Purchasing Approver Approval Process Department Head Finance Approver CHRIS D'OVIDIO CHRIS D'OVIDIO Purchasing Approved Date Legal Counsel BRUCE BARKER DH Approved Date Finance Approved Date Legal Counsel Approved Date 06/13/2024 06/13/2024 7 LFinal Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06/17/2024 Tyler Ref # AG 061724 Originator CDOVIDIO 06/14/2024 Hello