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Home My WebLink About20201280.tiffCONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF ACCOUNTING AND MAXIMUS CONSULTING SERVICES INC This Agreement Extension/Renewal ("Renewal"), made and entered into 7th day of March 2023, 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 Consulting 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. 2020-1280, approved on 05/04/2020. 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, 2023. • The parties agree to extend the Original Agreement for an additional 1 year period, which will begin May 1, 2023, and will end on April 30, 2024. 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,/}} f Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Mike Freeman, Chair MAY 0 8 2323 ,Wdzife0 m%4. eons+ .- 5//23 r ,e7 -O) //a3 taw-iz7co ac, 0053 EXTENSION/RENEWAL #2 TO AGREEMENT FOR SERVICES - MAXIMUS CONSULTING SERVICES, INC. APPROVED AS TO SUBSTANCE: Elected Official, Department Head, or Deputy. Department Head APPROVED AS TO FUNDING: Chief Financial fficer, or Controller APPROVED AS TO FORM: County Attorney CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF ACCOUNTING AND MAXIMUS CONSULTING SERVICES INC Cur hacf I3) 5887 This Agreement Extension/Renewal ("Renewal"), made and entered into 10th day of May 2022, 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 Consulting 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. 2020-1280, approved on 05/04/2020. 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, 2022. • The parties agree to extend the Original Agreement for an additional 1- year period, which will begin May 1, 2022, and will end on April 30, 2023. • 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 ?1/ BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ii\j;14, Mike Freeman, Pro-Tem ATTEST: Weld Co BY: JUN 0 8 2022 darh,v Jdzo;ei lerk to the Board Deputy Clerk ard cone coo/oi'IZZ tvide(A6) 47/g/02a- Z0Z0 no L3G 0653 EXHIBIT A Scope of Services Description of Services: Consultant shall prepare a cost allocation plan based on the Uniform Guidance (2 CFR Part 200) cost principles using actual costs for the fiscal year ended December 31, 2021, which identifies the various costs incurred by the Client to support and administer non -general fund programs; a) Under direction of the Consultant, the Client will gather input data and participate in employee time studies needed to determine functional cost allocations; b) Provide the Client a draft report. Consultant will make changes based on Client's feedback; c) Consultant will file Client approved OMB CAP with the State (client shall prepare all supplemental documents required by the State). Negotiate of the completed cost allocation plan with the appropriate Federal and/or State representative if such negotiation is requested by those representatives. d) Consultant shall defend Client under audit for a period of three (3) years without cost to the County. e) The final submissions/deliverables will include the one (1) bound version of the County Wide OMB Cost Allocation Plan (OMB CAP) and one (1) compact disc containing the electronic version of the OMB CAP (.pdf format). Consultant shall not be liable for delays in performance that are caused in whole or in part by the Client, third parties over which the Consultant does not have the legal right to control, or forces de majeure. The period of performance shall be extended by the period of delay contemplated herein. MAXIMUS Amendment Template — v. September 2019 Proprietary & Confidential Page 2 of 3 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. MAXIMUS Amendment Template — v. September 2019 Proprietary & Confidential Page 3 of 3 Contract Form New Contract Request Information Entity Name* MAXIMUS INC Contract Name* 2021 COUNTY COST PLAN Contract Status CTB REVIEW ityID* 001790 New Entity? Contract ID 5887 Contract Lead* CDOVIDIO Contract Lead Email cdovidio@weldgov.com,cpat tellicAveldgov.com Parent Contract ID Requires Board Approval YES Department Project # Contract Description* THIS IS THE RENEWAL OF THE CONTRACT WITH MAXIMUS INC TO COMPLETE THE COUNTY'S ANNUAL COST PLAN. THE CONTRACT RATE OF 55000 REMAINS THE SAME. Contract Description 2 Contract Type RENEWAL Amount* $ 5,00O00 Renewable* YES Automatic Renewal Department ACCOUNTING Department Email CM - Accounting ,.`.hield gov. c o m Department Head Email CM-Accounting- DeptHeadgweldgov,corm County Attorney GENERAL COUNTY Al I ORNEY EMAIL County Attorney Email CM- COUN YATTCRNErgWELOG OV.COM Requested Date* 06`08;2022 C nda Due Date 06x04.`2022 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 NSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in On Base Contract Dates Effective Date Termination Notice Period Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head CHERYL PATTELLI DH Approved Date 05!26x2022 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 06;08/2022 Originator CDOVIDIO Review Date 03/01;2023 Committed Delivery Date Contact Type Contact Email Purchasing Finance Approver CHERYL PA I I ELLI Finance Approved Date 05/26/2022 Tyler Ref # AG 060822 Renewal Date' 0501;2023 Expiration Date Contact Phone 1 Legal Counsel BRUCE BARKER Legal Counsel 05,`26/2022 Contact Phone 2 roved Date CONTRACT AGREEMENT EXTENSION/RENEWAL BETWEEN THE WELD COUNTY DEPARTMENT OF ACCOUNTING AND MAXIMUS CONSULTING SERVICES INC This Agreement Extension/Renewal ("Renewal"), made and entered into ( o day of______, 2021, 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 Consulting 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. 2020-1280, approved on 05/04/2020. 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 04/30/2021. • The parties agree to extend the Original Agreement for an additional 1 -year period, which will begin 05/01/2021, and will end on 04/30/2022. • 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: MAXIMUS CONSULTING SERVICES INC Jaida Williams Printed Name Signature BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Steve Moreno, Chair Deputy Cler Grp + A 05/10/ aI MAY 1 0 2021 0000- I o �Goo53 Extension/Renewal #1 to Agreement for Services — Maximus Consulting Services, Inc. APPROVED AS TO SUBSTANCE: Elected Offici�(f/or Departmead APPROVED AS TO FUNDING: Controller APPROV D AS TO FO County A'orney RESOLUTION RE: APPROVE AGREEMENT FOR SERVICES AND AUTHORIZE CHAIR TO SIGN - MAXIMUS CONSULTING 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Maximus Consulting Services, Inc., commencing upon full execution of signatures, and ending April 30, 2021, 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 between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, and Maximus Consulting 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 4th day of May, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: datiteiv ;e1 Weld County Clerk to the Board Count Attorney Mike Freeman, Chair arbara Kirk Kevin D. Ross Date of signature: o5/ofS/2.o cc'. A C1 (gcicD) 5/20/20 2020-1280 BC0053 WELD COUNTY AGREEMENT FOR SERVICES BETWEEN WELD COUNTY & MAXIMUS CONSULTING SERVICES, INC. THIS AGREEMENT is made and entered into this " day of , 2020, by and between the County of Weld, a body corporate and politic of the State of Colorado, by an hrough its Board of County Commissioners, whose address is 1150 "O" Street, Greeley, Colorado 806 hereinafter referred to as "County," and MAXIMUS Consulting Services, Inc., a corporation licensed to do business in Colorado, who whose address is 1891 Metro Center Drive, Reston, Virginia 20190, 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, 2021, 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 a total contract price 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 2020-1280 ©5/4H f et 53 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 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. 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. 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year written below. MAXIMUS CONSULTING SERVICES, INC.: By:1I, Signaturc-and Title Jaida Williams, Paralegal Print Name and Title 4/29/2020 Date . ATTEST: _ " ` 4D;tok Wel•r. ty Clerk to th Deputy Cleo t e BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, STATE OF COLORADO By: `nr 1 - . Mike Freeman, Chair MAY 0 4 2020 APR�ED AS T`�O/�UTANC Elected Official or Dpartment Head APPROVED AS TO F NDI G: ntroller Co APPROVED AS TO FORM: -Prg. County Attorney 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, 2019, 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. 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. Hello