HomeMy WebLinkAbout20170340.tiffRESOLUTION
RE: APPROVE AGREEMENT FOR CONSULTING SERVICES FOR THE WELD COUNTY
COUNCIL AND AUTHORIZE CHAIR TO SIGN - HARVEY M. ROSE
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, on March, 6 2017, the Board was presented with an Agreement for
Consulting Services for the Weld County Council between the County of Weld, State of Colorado,
by and through the Board of County Commissioners of Weld County, and Harvey M. Rose,
commencing upon full execution of signatures and ending with further terms and conditions being
as stated in said agreement at which time the Board deemed it advisable to continue the matter
to March 8, 2017, to allow adequate time to review changes to the terms with the County Council,
as modified, and
WHEREAS, after review on March 8, 2017, 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 Consulting Services for the Weld County Council
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, and Harvey M. Rose 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 8th day of March, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: /,,J G JCLto:e
Julie A.7Cozad, Chair
Weld County Clerk to the Board
AP
arbara Kirkmeyer
puty Clerk to the Board
ED ASS%CORM:
County Attorney
Date of signature: 31( I 1
Steve Moreno, Pro-Tem
Sean P. Conway
gall e 'reeman
Cc: C 'T"3)
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e
2017-0340
CC0007
AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN WELD COUNTY & HARVEY M. ROSE ASSOCIATES, LLC
CONSULTING SERVICES FOR THE WELD COUNTY COUNCIL
THIS AGREEMENT is made and entered into this %% day of February, 2017, 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 Harvey M Rose Associates, LLC, a limited liability company, who whose address is 1390
Market Street, Suite 1150, San Francisco, CA 94102, hereinafter referred to as "Contract Professional".
WHEREAS, County desires to retain Contract Professional as an independent Contract Professional to
perform services as more particularly set forth below; and
WHEREAS, Contract Professional has the ability, qualifications, and time available to timely perform
the services, and is willing to perform the services according to the terms of this Agreement.
WHEREAS, Contract Professional is authorized to do business in the State of Colorado and has the
time, skill, expertise, and experience necessary to provide the services as set forth below;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows:
1. 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 Contract Professional acknowledge and agree that this Agreement, including
specifically Exhibits A and B, define the performance obligations of Contract Professional and Contract
Professional's willingness and ability to meet those requirements.
Exhibit A consists of County's Request for Proposal (RFP) as set forth in "Proposal Package No.
B 1700029". The RFP contains all of the specific requirements of County.
Exhibit B consists of Contract Professional's Response to County's Request for Proposal. The Response
confirms Contract Professional's obligations under this Agreement.
2. Service or Work. Contract Professional agrees to procure the materials, equipment and/or products
necessary for the project and agrees to diligently provide all services, labor, personnel and materials necessary
to perform and complete the project described in Exhibit A which is attached hereto and incorporated herein by
reference. Contract Professional shall coordinate with Weld County to perform the services described on
attached Exhibits A and B. Contract Professional shall faithfully perform the work in accordance with the
standards of professional care, skill, training, diligence and judgment provided by highly competent Contract
Professionals performing services of a similar nature to those described in this Agreement. Contract
Professional shall further be responsible for the timely completion, and acknowledges that a failure to comply
with the standards and requirements of Exhibits A and B within the time limits prescribed by County may result
in County's decision to withhold payment or to terminate this Agreement.
3. Term. The term of this Agreement begins upon the date of the execution of this Agreement by County,
and shall continue through and until Contract Professional's completion of the responsibilities described in
Exhibits A and B. Both of the parties to this Agreement understand and agree that the laws of the State of
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Colorado prohibit County from entering into Agreements which bind County for periods longer than one year.
Therefore, within the thirty (30) days preceding the anniversary date of this Agreement, County shall notify
Contract Professional if it wishes to renew this Contract.
4. Termination. County has the right to terminate this Agreement, with or without cause on thirty (30) days
written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material
breach of the terms of the Agreement. However, nothing herein shall be construed as giving Contract
Professional the right to provide services under this Agreement beyond the time when such services become
unsatisfactory to the County.
If this Agreement is terminated by County, Contract Professional shall be compensated for, and such
compensation shall be limited to, (1) the sum of the amounts contained in invoices which it has submitted and
which have been approved by the County; (2) the reasonable value to County of the services which Contract
Professional provided prior to the date of the termination notice, but which had not yet been approved for
payment; and (3) the cost of any work which the County approves in writing which it determines is needed to
accomplish an orderly termination of the work. County shall be entitled to the use of all material generated
pursuant to this Agreement upon termination.
Upon termination, County shall take possession of all materials, equipment, tools and facilities owned
by County which Contract Professional is using, by whatever method it deems expedient; and, Contract
Professional shall deliver to County all drawings, drafts or other documents it has completed or partially
completed under this Agreement, together with all other items, materials and documents which have been paid
for by County, and these items, materials and documents shall be the property of County. Copies of work
product incomplete at the time of termination shall be marked "DRAFT -INCOMPLETE."
Upon termination of this Agreement by County, Contract Professional shall have no claim of any kind
whatsoever against the County by reason of such termination or by reason of any act incidental thereto, except
for compensation for work satisfactorily performed and/or materials described herein properly delivered,
5. Extension or Modification. Any amendments or modifications to this agreement shall be in writing signed
by both parties. No additional services or work performed by Contract Professional shall be the basis for
additional compensation unless and until Contract Professional has obtained written authorization and
acknowledgement by County for such additional services, Accordingly, no claim that the 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 the County for such additional services is not timely executed and issued in strict
accordance with this Agreement, Contract Professional'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. 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 required or the costs to the Contract Professional 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. Any claims by the Contract
Professional 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. Comte tion/Contract Amount. County agrees to pay Contract Pr. -: .nal on a deliverable basis
an amount no grea 49,128, which is the bid set forth in Exhi.' ounty agrees to make first payment
equaling 38 percent of the con rat cit.1 $18,668.64) to + - . act Professional upon successful completion of
the initial phase, which would include de aver•—.- brief memo to the President of the County Council
summarizing the identification of ar- ' greatest risk and re ► ss (if any) to the work plan. County agrees to
make second payment e u g 50 percent of the contract total (', : 4 u•on successful completion of
fieldwork, whic • . e .. include delivery of a draft report to the County Council. o i . trees to make third
Page 2
6. Compensation/Contract Amount.
County agrees to pay Contract Professional on a deliverable basis
an amount no greater than $49,128, which is the bid set forth in Exhibit B. County agrees to make first
payment equaling 38 percent of the contract total ($18,668.64) to Contract Professional upon successful
completion of the initial phase, which would include delivery of a brief memo to the President of the
County Council summarizing the identification of areas of greatest risk and revisions (if any) to the work
plan. County agrees to make second payment equaling 50 percent of the contract total ($24,564) upon
successful completion of fieldwork, which would include delivery of a draft report to the County Council.
County agrees to make third
and final payment to the Contract Professional equaling 12 percent of the contract total ($5,895.36) upon delivery of
a final report, and if requested by the President or Vice President of the County Council within 10 business days
of the delivery of the final report, up to two formal presentations to the County Council and/or other County
Officials.
Contract Professional acknowledges no pa ent in excess of that amount will be made by County unless a
"change order" authorizing such additional t has been specifically approved by the President and Vice -
President of the Weld County Council an formal resolution of the Weld County Board of County
Commissioners, as required pursuant to the eld County Code. Any other provision of this Agreement
notwithstanding, in no event shall County be liable for payment for services rendered and expenses incurred by
Contract Professional under the terms of this Agreement for any amount in excess of the sum of the bid amount
set forth in Exhibit B. Contactor acknowledges that any work it performs beyond that specifically authorized by
County is performed at Contract Professional's risk and without authorization under this Agreement. County
shall not be liable for the payment of taxes, late charges or penalties of any nature other than the compensation
stated herein.
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 Contract Professional was improper because the service for
which payment was made did not perform as set forth in this Agreement, then upon written notice of such
determination and request for reimbursement from County, Contract Professional 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.
County will not withhold any taxes from monies paid to the Contract Professional hereunder and Contract
Professional 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.
Mileage may be reimbursed if the provisions of Exhibit A permit such payment at the rate set forth in
Exhibit B. Contract Professional shall not be paid any other expenses unless set forth in this Agreement.
Payment to Contract Professional will be made only upon presentation of a proper claim by Contract
Professional, itemizing services performed and, (if permitted under this Agreement), mileage expense incurred.
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 Contract Professional in respect of any period
after December 31 of any year, without an appropriation therefore 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)
and final payment to the Contract Professional equaling 12 percent of the contract total ($5,895.36) upon
delivery of a final report, and if requested by the President or Vice President of the County Council within 10
business days of the delivery of the final report, up to two formal presentations to the County Council and/or
other County Officials.
Contract Professional acknowledges no payment in excess of that amount will be made by Cou
"change ord
President of t -
Commissioners, a
notwithstanding, in no
Contract Professional unde
set forth in Exhibit B. Contac
County is performed at Contract
shall not be liable for the payment o
stated herein.
If, at any time during the term or aft
determines that any payment made by County
which payment was made did not perform as set
determination and request for reimbursement from
payment(s) to County. Upon termination or ex
County, if any, shall forthwith be returned to Co
County will not withhold any taxe
Contract Professional agrees to be solely
to payments made pursuant to the to
Mileage may be reimburse
Exhibit B. Contract Professio
Payment to Contract Profe
Professional, itemizing s
Notwithstand'
under this Agree
after Decemb . 31 of any year, without an appropriation therefore by County in a . - dance with a budget
adopted by e Board of County Commissioners in compliance with Article 25, title 30 of the Colorado Revised
Statutes, e Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado
Constitution, Article X, Sec. 20)
r" authorizing such additional payment has been specifically approved by the Pres'
Weld County Council, or by formal resolution of the Weld County
equired pursuant to the Weld County Code. Any other provis.
ent shall County be liable for payment for services rendere
he terms of this Agreement for any amount in exces
acknowledges that any work it performs be
ofessional's risk and without author
es, late charges or penalties o
termination or
Contract
rth
ation
ty.
from monies paid .•
sponsible for the accurate
of this Agreement,
f the provisions of Exhibit A permit
shall not be paid any other expenses
ional will be made only upon presentation •
ices performed and, (if permitted under this Agreemen
anything to the contrary contained in this Agreement, Co
nt after, nor shall any payments be made to Contract Professiona
unless a
nt and Vice-
oard of County
n of this Agreement
and expenses incurred by
of the sum of the bid amount
d that specifically authorized by
tion under this Agreement. County
any nature other than the compensation
e �iration of this Agreement, County reasonably
ofessional was improper because the service for
this Agreement, then upon written notice of such
ty, Contract Professional shall forthwith return such
this Agreement, unexpended funds advanced by
the Contract Professional hereunder and
. rting and payment of any taxes related
uch payment at the rate set forth in
ess set forth in this Agreement.
a proper claim by Contract
, mileage expense incurred.
shall have no obligations
in respect of any period
7. Independent Contract Professional. Contract Professional agrees that it is an independent Contract
Professional and that Contract Professional's officers, agents or employees will not become employees of
County, nor entitled to any employee benefits from County as a result of the execution of this Agreement.
Contract Professional shall perform its duties hereunder as an independent Contract Professional. Contract
Professional shall be solely responsible for its acts and those of its agents and employees for all acts performed
pursuant to this Agreement. Contract Professional, its employees and agents are not entitled to unemployment
insurance or workers' compensation benefits through County and County shall not pay for or otherwise provide
such coverage for Contract Professional or any of its agents or employees. Unemployment insurance benefits
will be available to Contract Professional and its employees and agents only if such coverage is made available
by Contract Professional or a third party. Contract Professional shall pay when due all applicable employment
taxes and income taxes and local head taxes (if applicable) incurred pursuant to this Agreement. Contract
Professional shall not have authorization, express or implied, to bind County to any agreement, liability or
understanding, except as expressly set forth in this Agreement. Contract Professional shall have the following
responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a)
provide and keep in force workers' compensation and unemployment compensation insurance in the amounts
required by law (and as set forth in Exhibit A) and provide proof thereof when requested to do so by County.
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8. Subcontractors. Contract Professional acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of Contract Professional. Contract Professional 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. 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.
Contract Professional shall require each subcontractor, as approved by County and to the extent of the Services
to be performed by the subcontractor, to be bound to Contract Professional by the terms of this Agreement, and
to assume toward Contract Professional all the obligations and responsibilities which Contract Professional, by
this Agreement, assumes toward County. County shall have the right (but not the obligation) to enforce the
provisions of this Agreement against any subcontractor hired by Contract Professional and Contract
Professional shall cooperate in such process. The Contract Professional shall be responsible for the acts and
omissions of its agents, employees and subcontractors.
9. Ownership. All work and information obtained by Contract Professional under this Agreement or
individual work order shall become or remain (as applicable), the property of County. In addition, all reports,
documents, data, plans, drawings, records and computer files generated by Contract Professional in relation to
this Agreement and all reports, test results and all other tangible materials obtained and/or produced in
connection with the performance of this Agreement, whether or not such materials are in completed form, shall
at all times be considered the property of the County. Contract Professional shall not make use of such material
for purposes other than in connection with this Agreement without prior written approval of County.
10. Confidentiality. Confidential financial information of the Contract Professional should be transmitted
separately from the main bid submittal, clearly denoting in red on the financial information at the top the word,
"CONFIDENTIAL." However, Contract Professional is advised that as a public entity, Weld County must
comply with the provisions of C.R.S. 24-72-201, et seq., with regard to public records, and cannot guarantee the
confidentiality of all documents. Contract Professional agrees to keep confidential all of County's confidential
information. Contract Professional agrees not to sell, assign, distribute, or disclose any such confidential
information to any other person or entity without seeking written permission from the County. Contract
Professional agrees to advise its employees, agents, and consultants, of the confidential and proprietary nature
of this confidential information and of the restrictions imposed by this agreement.
11. Warranty. Contract Professional warrants that the 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. Contract Professional further represents and warrants that all services shall be performed by
qualified personnel in a professional and workmanlike manner, consistent with industry standards, and that all
services will conform to applicable specifications.
In addition to the foregoing warranties, Contract Professional is aware that all work performed on this Project
pursuant to this Agreement is subject to a one year warranty period during which Contract Professional must
correct any failures or deficiencies. This warranty shall commence on the date of County's final inspection and
acceptance of the Project.
12. Acceptance of Services Not a Waiver. Upon completion of the work, Contract Professional 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(s) furnished under this Agreement shall not in any way relieve
Contract Professional of responsibility for the quality and accuracy of the project. In no event shall any action
by County hereunder constitute or be construed to be a waiver by County of any breach of this Agreement or
default which may then exist on the part of Contract Professional, and County's action or inaction when any
Page 4
such breach or default shall exist shall not impair or prejudice any right or remedy available to County with
respect to such breach or default. No assent, expressed or implied, to any breach of any one or more covenants,
provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any other breach.
Acceptance by the County of, or payment for, the services completed 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.
13. Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution
of any agreement or commencement of any work, the following insurance covering all operations, goods or
services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in
force at all times during the term of the Agreement, or any extension thereof, and during any warranty period.
The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by
A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating
"Should any of the above -described policies by canceled or should any coverage be reduced before the expiration
date thereof, the issuing company shall send written notice to the Weld County Director of General Services by
certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such cancellation
or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days prior. If any
policy is in excess of a deductible or self -insured retention, County must be notified by the Contract
Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured retention.
County reserves the right to require Contract Professional to provide a bond, at no cost to County, in the
amount of the deductible or self -insured retention to guarantee payment of claims.
The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do
not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits
contained herein are sufficient to protect them from liabilities that might arise out of the performance of the
work under this Contract by the Contract Professional, its agents, representatives, employees, or subcontractors.
The Contract Professional shall assess its own risks and if it deems appropriate and/or prudent, maintain higher
limits and/or broader coverages. The Contract Professional is not relieved of any liability or other obligations
assumed or pursuant to the Contract by reason of its failure to obtain or maintain insurance in sufficient
amounts, duration, or types. The Contract Professional shall maintain, at its own expense, any additional kinds
or amounts of insurance that it may deem necessary to cover its obligations and liabilities under this Agreement.
Any modification to these requirements must be made in writing by Weld County.
The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract
Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services
provided, the timely delivery of said services, and the coordination of all services rendered by the Contract
Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or
other deficiencies.
INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers,
agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or omissions
of Contract Professional, or claims of any type or character arising out of the work done in fulfillment of the
terms of this Contract or on account of any act, claim or amount arising or recovered under workers'
compensation law or arising out of the failure of the Contract Professional to conform to any statutes,
ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for
any and all injuries or damage received or sustained by any person, persons, or property on account of its
performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account
of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of
the materials required herein, or from any claims or amounts arising or recovered under the Worker's
Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or
termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation,
Page 5
defense and judgment costs where this contract of indemnity applies. In consideration of the award of this
contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated
and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and volunteers
for losses arising from the work performed by the Contract Professional for the County. A failure to comply
with this provision shall result in County's right to immediately terminate this Agreement.
Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of
any Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance
covering all of the Contract Professional's employees acting within the course and scope of their employment.
Policy shall contain a waiver of subrogation against the County. This requirement shall not apply when a
Contract Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when
such Contract Professional or subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed
under the contract.
$1,000,000 each occurrence;
$1,000,000 general aggregate;
$1,000,000 Personal Advertising injury
Automobile Liability: Contract Professional shall maintain limits of $1,000,000 for bodily injury per person,
$1,000,000 for bodily injury for each accident, and $1,000,000 for property damage applicable to all vehicles
operating both on County property and elsewhere, for vehicles owned, hired, and non -owned vehicles used in
the performance of this Contract.
Professional Liability (Errors and Omissions Liability)
The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the
Scope of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful
acts, errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the
course of operations under this Contract resulting from professional services. In the event that the professional
liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants
that any retroactive date under the policy shall precede the effective date of this Contract; and that either
continuous coverage will be maintained or an extended discovery period will be exercised for a period of two
(2) years beginning at the time work under this Contract is completed.
Minimum Limits:
Per Loss
Aggregate
$ 1,000,000
$ 2,000,000
Contract Professionals shall secure and deliver to the County at or before the time of execution of this
Agreement, and shall keep in force at all times during the term of the Agreement as the same may be
extended as herein provided, a commercial general liability insurance policy, including public liability and
property damage, in form and company acceptable to and approved by said Administrator, covering all
operations hereunder set forth in the related Bid or Request for Proposal.
Page 6
Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of
insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole
discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor
liability, and inland marine, Contract Professional's insurer shall name County as an additional insured.
Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights
against County.
Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities
providing goods or services required by this Agreement shall be subject to all of the requirements herein and
shall procure and maintain the same coverage's required of Contract Professional. Contract Professional
shall include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities
as insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract
Professional agrees to provide proof of insurance for all such subcontractors, independent Contract
Professionals, sub -vendors suppliers or other entities upon request by the County.
14. Non -Assignment. Contract Professional may not assign or transfer this Agreement or any interest therein
or claim thereunder, without the prior written approval of County. Any attempts by Contract Professional to
assign or transfer its rights hereunder without such prior approval by County shall, at the option of County,
automatically terminate this Agreement and all rights of Contract Professional hereunder. Such consent may
be granted or denied at the sole and absolute discretion of County.
15. Examination of Records. To the extent required by law, the Contractor agrees that any duly authorized
representative of County, including the County Auditor, shall have access to and the right to examine and audit
any books, documents, papers and records of Contractor, involving all matters and/or transactions related to
this Agreement. The Contractor agrees to maintain these documents for three years from the date of the last
payment received.
16. 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.
17. Notices. County may designate, prior to commencement of work, its project representative ("County
Representative") who shall make, within the scope of his or her authority, all necessary and proper decisions
with reference to the project. All requests for contract interpretations, change orders, and other clarification or
instruction shall be directed to County Representative. The County Representative for purposes of this
Agreement is hereby identified as, President and Vice -President of the County Council, or his designee. All
notices or other communications (including annual maintenance made by one party to the other concerning the
terms and conditions of this contract shall be deemed delivered under the following circumstances:
(a) personal service by a reputable courier service requiring signature for receipt; or
(b) five (5) days following delivery to the United States Postal Service, postage prepaid addressed to a
party at the address set forth in this contract; or
(c) electronic transmission via email at the address set forth below, where a receipt or acknowledgment
is required by the sending party; or
(d) transmission via facsimile, at the number set forth below, where a receipt or acknowledgment is
required by the sending party.
Page 7
Either party may change its notice address(es) by written notice to the other.
Notification Information:
Contract Professional:
Attn.: Fred Brousseau
Address: 1390 Market Street, Suite 1150, San Fransisco, CA 94102
E-mail: frousseau@harveyrose.com
Facsimile: 415-552-9292
County:
Name: Linda Kane
Position: Office Technician for the Weld County Council
Address: 1150 "O" Street, Greeley, CO 80631
E-mail: lkane@co.weld.co.us
Facsimile: 970-352-9019
18. Compliance with Law. Contract Professional 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.
19. Non -Exclusive Agreement. This Agreement is nonexclusive and County may engage or use other
Contract Professionals or persons to perform services of the same or similar nature.
20. Entire Agreement/Modifications. This Agreement including the Exhibits attached hereto and
incorporated herein, contains the entire agreement between the parties with respect to the subject matter
contained in this Agreement. This instrument supersedes all prior negotiations, representations, and
understandings 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. Fund Availability. Financial obligations of the County payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. Execution
of this Agreement by County does not create an obligation on the part of County to expend funds not otherwise
appropriated in each succeeding year.
22. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The
signatories to this Agreement aver that to their knowledge, no employee of Weld County has any personal or
beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County
has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere
with the performance of Contract Professional's services and Contract Professional shall not employ any
person having such known interests. During the term of this Agreement, Contract Professional shall not engage
in any in any business or personal activities or practices or maintain any relationships which actually conflicts
with or in any way appear to conflict with the full performance of its obligations under this Agreement. Failure
by Contract Professional to ensure compliance with this provision may result, in County's sole discretion, in
immediate termination of this Agreement. No employee of Contract Professional nor any member of Contract
Professional's family shall serve on a County Board, committee or hold any such position which either by rule,
practice or action nominates, recommends, supervises Contract Professional's operations, or authorizes
funding to Contract Professional.
Page 8
23. Severability. If any term or condition of this Agreement shall be held to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, 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 term or condition of this contract shall be construed or interpreted as a
waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
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. Board of County Commissioners of Weld County Approval. This Agreement shall not be valid until
it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
27. Choice of Law/Jurisdiction. Colorado law, and rules and regulations established pursuant thereto, shall
be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void.
In the event of a legal dispute between the parties, Contract Professional agrees that the Weld County District
Court shall have exclusive jurisdiction to resolve said dispute.
28. Public Contracts for Services C.R.S. §8-17.5-101. Contract Professional certifies, warrants, and agrees
that it does not knowingly employ or contract with an illegal alien who will perform work under this contract.
Contract Professional will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Agreement, through participation in the E -Verify
program or the State of Colorado program established pursuant to C.R.S. §8-17.5-102(5)(c). Contract
Professional shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement or enter into a contract with a subcontractor that fails to certify with Contract Professional that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this
Agreement. Contract Professional shall not use E -Verify Program or State of Colorado program procedures to
undertake pre -employment screening or job applicants while this Agreement is being performed. If Contract
Professional obtains actual knowledge that a subcontractor performing work under the public contract for
services knowingly employs or contracts with an illegal alien Contract Professional shall notify the
subcontractor and County within three (3) days that Contract Professional has actual knowledge that a
subcontractor is employing or contracting with an illegal alien and shall terminate the subcontract if a
subcontractor does not stop employing or contracting with the illegal alien within three (3) days of receiving
notice. Contract Professional shall not terminate the contract if within three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.
Contract Professional shall comply with reasonable requests made in the course of an investigation, undertaken
pursuant to C.R.S. §8-17.5-102(5), by the Colorado Department of Labor and Employment. If Contract
Professional participates in the State of Colorado program, Contract Professional shall, within twenty days
after hiring an new employee to perform work under the contract, affirm that Contract Professional has
examined the legal work status of such employee, retained file copies of the documents, and not altered or
falsified the identification documents for such employees. Contract Professional shall deliver to County, a
written notarized affirmation that it has examined the legal work status of such employee, and shall comply
with all of the other requirements of the State of Colorado program. If Contract Professional fails to comply
Page 9
with any requirement of this provision or of C.R.S. §8-17.5-101 et seq., County, may terminate this Agreement
for breach, and if so terminated, Contract Professional shall be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Contract
Professional receives federal or state funds under the contract, Contract Professional must confirm that any
individual natural person eighteen (18) years of age or older is lawfully present in the United States pursuant to
C.R.S. § 24-76.5-103(4), if such individual applies for public benefits provided under the contract. If Contract
Professional operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a
citizen of the United States or is otherwise lawfully present in the United States pursuant to federal law, (b)
shall produce one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce
one of the forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
29. Attorneys Fees/Legal Costs. In the event of a dispute between County and Contract Professional,
concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney
fees and/or legal costs incurred by or on its own behalf
30. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra judicial
body or person. Any provision to the contrary in this Agreement or incorporated herein by reference shall be
null and void.
Acknowledgment. County and Contract Professional acknowledge that each has read this Agreement,
understands it and agrees to be bound by its terms. Both parties further agree that this Agreement, with the
attached Exhibits A and .6 , is the complete and exclusive statement of agreement between the parties and
supersedes all proposals or prior agreements, oral or written, and any other communications between the
parties relating to the subject matter of this Agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement this 2-- day of
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CONTRACT PROFESSIONAL:
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WELD COUNTY:
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Weld County
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Julie A. Cozad, Ch
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APPROVED AS FUNDING: APPROVED AS TQ$UBSTANCE:
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ounty Attorney •
Director of General Services
Page 11
Exhibit A
REQUEST FOR PROPOSAL
WELD COUNTY, COLORADO
1150 O STREET
GREELEY, CO 80631
DATE: DECEMBER 27, 2016
BID NUMBER: B1700069 - B1700029
DESCRIPTION: CONSULTING SERVICES
DEPARTMENT: WELD COUNTY COUNCIL
OPTIONAL PRE-RFP CONFERENCE DATE: JANUARY 16, 2017 AT 6:30 P.M.
WRITTEN QUESTION DUE DATE: JANUARY 18, 2017 AT 10:00 A.M.
WRITTEN ANSWERS TO QUESTIONS POSTED: JANUARY 20, 2017 BY 5:00 P.M.
BID OPENING DATE: JANUARY 31, 2017 AT 10:00 A.M.
1. NOTICE TO BIDDERS:
The Weld County Council, by and through the Weld County Director of General Services (collectively
referred to herein as, "Weld County"), wishes to purchase the following:
CONSULTING SERVICES FOR THE PERFORMANCE REVIEWS OF THE WELD COUNTY CLERK &
RECORDERS OFFICE AND THE WELD COUNTY COMMISSIONERS
Interested vendors are encouraged to attend the Weld County Council's next regularly scheduled meeting to
ask RFP related questions. The Council's next regularly scheduled meeting is January 16, 2017, at 6:30 p.m.
The meeting will be held in the Centennial Hearing Room at the Weld County Administrative Building, located
at 1150 O Street, Greeley, Colorado 80631.
Any written questions should be submitted to Linda Kane via email at Ikane@co.weld.co.us no later than 10:00
a.m. on January 18, 2017. Written answers to questions will be posted on both the Weld County Purchasing
website and BidNet no later than 5:00 p.m. on January 20, 2017.
RFPs will be received at the Office of the Weld County Purchasing Department in the Weld County Administrative
Building, 1150 O Street Room #107 Greeley CO 80631 until: 10:00 am. on January 31, 2017. ;Weld County
purchasing Time Clockl
PAGES 1 - 8 OF THIS REQUEST FOR BIDS CONTAIN GENERAL INFORMATION FOR THE REQUEST
NUMBER REFERRED TO ABOVE. NOT ALL OF THE INFORMATION CONTAINED IN PAGES 1-8 MAY BE
APPLICABLE FOR EVERY PURCHASE. SPECIFICS AND SCOPE OF WORK FOLLOW PAGE 8.
2. INVITATION:
Weld County requests proposals for the above -listed services.
Bids shall include any and all charges and discounts, and shall, in every way, be the total net price which the
bidder will expect the Weld County to pay if awarded the bid.
You can find bid information on the Weld County Purchasing website at
http://www.co.weld.co.us/Departments/Purchasinqiindex.html located under 'Current Request for Bids" and
on BidNet Direct (www.bidnetdirect.com). BidNet Direct is an on-line notification system which is utilized by a
large number of governmental, quasi -governmental, and non-profit entities. Participating entities post their bids,
quotes, proposals, addendums, and awards on this one centralized system.
B1700029 1
RFP Delivery to Weld County— 3 methods:
1. Email. Emailed bids are preferred. Bids may be emailed to: bids @ w e I d g o v . c o m . Emailed bids
must include the following statement on the email: "I hereby waive my right to a sealed bid". An email
confirmation will be sent when we receive your bid/proposal. If more than one copy of the bid is requested, you
must submit/mail hard copies of the bid proposal.
2. Facsimile. Bids may be faxed to 970-336-7226 attention "Purchasing". The vendor must include the
following statement on the facsimile: "I hereby waive my right to a sealed bid". If more than one copy of the
bid is requested, you must submit/mail hard copies of the bid proposal.
3. Mail or Hand Delivery. Mailed (or hand delivered) bids should be sent in a sealed envelope with the bid title
and bid number on it. Please address to: Weld County Purchasing Department, 1150 O Street, Room #107
Greeley, CO 80631.
Please call Purchasing at 970-336-7225 if you have any questions.
3. INSTRUCTIONS TO VENDORS - INTRODUCTORY INFORMATION:
Bids shall be typewritten or written in ink on forms prepared by the Weld County Purchasing Department. Each
bid must give the full business address of bidder and be signed by him with his usual signature. Bids by
partnerships must furnish the full names of all partners and must be signed with the partnership name by one
of the members of the partnership or by an authorized representative, followed by the signature and title of the
person signing. Bids by corporations must be signed with the legal name of the corporation, followed by the
name of the state of the incorporation and by the signature and title of the president, secretary, or other person
authorized to bind it in the matter. The name of each person signing shall also be typed or printed below the
signature. A bid by a person who affixes to his signature the word "president," "secretary," "agent," or other
title without disclosing his principal, may be held to be the bid of the individual signing. When requested by the
Weld County Director of General Services, satisfactory evidence of the authority of the officer signing in behalf
of a corporation shall be furnished. A power of attorney must accompany the signature of anyone not otherwise
authorized to bind the Bidder. All corrections or erasures shall be initialed by the person signing the bid. All
bidders shall agree to comply with all of the conditions, requirements, specifications, and/or instructions of this
bid as stated or implied herein. All designations and prices shall be fully and clearly set forth. All blank spaces
in the bid forms shall be suitably filled in. Bidders are required to use the Proposal Forms which are included
in this package and on the basis indicated in the Bid Forms. The Bid Proposal must be filled out completely, in
detail, and signed by the Bidder.
Late or unsigned bids shall not be accepted or considered. It is the responsibility of the bidder to ensure that
the bid arrives in the Weld County Purchasing Department on or prior to the time indicated in Section 1,
entitled, "Notice to Bidders." Bids received prior to the time of opening will be kept unopened in a secure
place. No responsibility will attach to the Weld County Director of General Services for the premature opening
of a bid not properly addressed and identified. Bids may be withdrawn upon written request to and approval of
the Weld County Director of General Services; said request being received from the withdrawing bidder prior to
the time fixed for award. Negligence on the part of a bidder in preparing the bid confers no right for the
withdrawal of the bid after it has been awarded. Bidders are expected to examine the conditions,
specifications, and all instructions contained herein, failure to do so will be at the bidders' risk.
In accordance with Section 14-9(3) of the Weld County Home Rule Charter, Weld County will give preference
to resident Weld County bidders in all cases where said bids are competitive in price and quality. It is also
understood that Weld County will give preference to suppliers from the State of Colorado, in accordance with
C.R.S. § 30-11-110 (when it is accepting bids for the purchase of any books, stationery, records, printing,
lithographing or other supplies for any officer of Weld County). Weld County reserves the right to reject any
and all bids, to waive any informality in the bids, to award
the bid to multiple vendors, and to accept the bid that, in the opinion of the Board of County Commissioners, is
to the best interests of Weld County. The bid(s) may be awarded to more than one vendor.
In submitting the bid, the bidder agrees that the signed bid submitted, all of the documents of the Request for
Bid contained herein (including, but not limited to, product specifications and scope of services), the successful
bidder's response, and the formal acceptance of the bid by Weld County, together constitutes a contract, with
the contract date being the date of formal acceptance of the bid by Weld County. The County may require a
B1700029 2
separate contract, which if required, has been made a part of this RFB.
4. SUCCESSFUL BIDDER HIRING PRACTICES - ILLEGAL ALIENS:
Successful bidder certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal
alien who will perform work under this contract. Successful bidder will confirm the employment eligibility of all
employees who are newly hired for employment in the United States to perform work under this Agreement,
through participation in the E -Verify program or the State of Colorado program established pursuant to C.R.S.
§8-17.5-102(5)(c). Successful bidder shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or enter into a contract with a subcontractor that fails to certify with Successful
bidder that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under
this Agreement. Successful bidder shall not use E -Verify Program or State of Colorado program procedures to
undertake pre -employment screening or job applicants while this Agreement is being performed. If Successful
bidder obtains actual knowledge that a subcontractor performing work under the public contract for services
knowingly employs or contracts with an illegal alien Successful bidder shall notify the subcontractor and County
within three (3) days that Successful bidder has actual knowledge that a subcontractor is employing or
contracting with an illegal alien and shall terminate the subcontract if a subcontractor does not stop employing
or contracting with the illegal alien within three (3) days of receiving notice. Successful bidder shall not
terminate the contract if within three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien. Successful bidder shall comply
with reasonable requests made in the course of an investigation, undertaken pursuant to C.R.S. §8-17.5-
102(5), by the Colorado Department of Labor and Employment. If Successful bidder participates in the State of
Colorado program, Successful bidder shall, within twenty days after hiring a new employee to perform work
under the contract, affirm that Successful bidder has examined the legal work status of such employee,
retained file copies of the documents, and not altered or falsified the identification documents for such
employees. Successful bidder shall deliver to County, a written notarized affirmation that it has examined the
legal work status of such employee, and shall comply with all of the other requirements of the State of
Colorado program. If Successful bidder fails to comply with any requirement of this provision or of C.R.S. §8-
17.5-101 et seq., County, may terminate this Agreement for breach, and if so terminated, Successful bidder
shall be liable for actual and consequential damages.
Except where exempted by federal law and except as provided in C.R.S. § 24-76.5-103(3), if Successful bidder
receives federal or state funds wider the contract, Successful bidder must confirm that any individual natural
person eighteen (18) years of age or older is lawfully present in the United States pursuant to C.R.S. § 24-
76.5-103(4), if such individual applies for public benefits provided under the contract. If Successful bidder
operates as a sole proprietor, it hereby swears or affirms under penalty of perjury that it: (a) is a citizen of the
United States or is otherwise lawfully present in the United States pursuant to federal law, (b) shall produce
one of the forms of identification required by C.R.S. § 24-76.5-101, et seq., and (c) shall produce one of the
forms of identification required by C.R.S. § 24-76.5-103 prior to the effective date of the contract.
5. GENERAL PROVISIONS:
A. Fund Availability: Financial obligations of Weld County payable after the current fiscal year are contingent
upon funds for that purpose being appropriated, budgeted and otherwise made available. By acceptance of the
bid, Weld County does not warrant that funds will be available to fund the contract beyond the current fiscal
year.
B. Confidential Information: Confidential financial information of the bidder should be transmitted separately
from the main bid submittal, clearly denoting in red on the financial information at the top the word,
"CONFIDENTIAL." However, the successful bidder is advised that as a public entity, Weld County must comply
with the provisions of C.R.S. 24-72-201, et seq., the Colorado Open Records Act (CORA), with regard to public
records, and cannot guarantee the confidentiality of all documents. If Weld County receives a CORA request
for bid information marked "CONFIDENTIAL", staff will attempt to contact the bidder in order to allow the bidder
to seek an appropriate court order preventing disclosure. Without such an order, Weld County will release the
requested information in accordance with CORA.
C. Governmental Immunity: No term or condition of the contract shall be construed or interpreted as a waiver,
B1700029 3
express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado
Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended.
D. Independent Contractor: The successful bidder shall perform its duties hereunder as an independent
contractor and not as an employee. He or she shall be solely responsible for its acts and those of its agents
and employees for all acts performed pursuant to the contract. Neither the successful bidder nor any agent or
employee thereof shall be deemed to be an agent or employee of Weld County. The successful bidder and its
employees and agents are not entitled to unemployment insurance or workers' compensation benefits through
Weld County and Weld County shall not pay for or otherwise provide such coverage for the successful bidder
or any of its agents or employees. Unemployment insurance benefits will be available to the successful bidder
and its employees and agents only if such coverage is made available by the successful bidder or a third party.
The successful bidder shall pay when due all applicable employment taxes and income taxes and local head
taxes (if applicable) incurred pursuant to the contract. The successful bidder shall not have authorization,
express or implied, to bind Weld County to any agreement, liability or understanding, except as expressly set
forth in the contract. The successful bidder shall have the following responsibilities with regard to workers'
compensation and unemployment compensation insurance matters: (a) provide and keep in force workers'
compensation and unemployment compensation insurance in the amounts required by law, and (b) provide
proof thereof when requested to do so by Weld County.
E. Compliance with Law: The successful bidder 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.
F. Choice of Law: Colorado law, and rules and regulations established pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of the contract. Any provision included or incorporated herein by
reference which conflicts with said laws, rules and/or regulations shall be null and void.
G. No Third Party Beneficiary Enforcement: It is expressly understood and agreed that the enforcement of the
terms and conditions of the contract, and all rights of action relating to such enforcement, shall be strictly
reserved to the undersigned parties and nothing in the contract shall give or allow any claim or right of action
whatsoever by any other person not included in the contract. It is the express intention of the undersigned
parties that any entity other than the undersigned parties receiving services or benefits under the contract shall
be an incidental beneficiary only.
H. Attorneys Fees/Legal Costs: In the event of a dispute between Weld County and the successful bidder,
concerning the contract, the parties agree that Weld County shall not be liable to or responsible for the
payment of attorney fees and/or legal costs incurred by or on behalf of the successful bidder.
I. Disadvantaged Business Enterprises: Weld County assures that disadvantaged business enterprises will
be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on
the grounds of race, color, national origin, sex, age, or disability in consideration for an award.
J. Procurement and Performance: The successful bidder agrees to procure the materials, equipment and/or
products necessary for the project and agrees to diligently provide all services, labor, personnel and materials
necessary to perform and complete the project. The successful bidder shall further be responsible for the
timely completion, and acknowledges that a failure to comply with the standards and requirements outlined in
the Bid within the time limits prescribed by County may result in County's decision to withhold payment or to
terminate this Agreement.
K. Term: The term of this Agreement begins upon the date of the execution of this Agreement by County, and
shall continue through and until successful bidder's completion of the responsibilities described in the Bid.
L. Termination: County has the right to terminate this Agreement, with or without cause on thirty (30) days
written notice. Furthermore, this Agreement may be terminated at any time without notice upon a material
breach of the terms of the Agreement.
M. Extension or Modification: Any amendments or modifications to this agreement shall be in writing signed by
81700029 4
both parties. No additional services or work performed by the successful bidder shall be the basis for additional
compensation unless and until the successful bidder has obtained written authorization and acknowledgement
by County for such additional services. Accordingly, no claim that the 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.
N. Subcontractors: The successful bidder acknowledges that County has entered into this Agreement in
reliance upon the particular reputation and expertise of the successful bidder. The successful bidder 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. 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. The successful bidder shall require each subcontractor, as approved by County and to the extent of
the Services to be performed by the subcontractor, to be bound to the successful bidder by the terms of this
Agreement, and to assume toward the successful bidder all the obligations and responsibilities which the
successful bidder, by this Agreement, assumes toward County. County shall have the right (but not the
obligation) to enforce the provisions of this Agreement against any subcontractor hired by the successful
bidder and the successful bidder shall cooperate in such process. The successful bidder shall be responsible
for the acts and omissions of its agents, employees and subcontractors.
O. Warranty: The successful bidder warrants that services performed under this Agreement will be performed in
a manner consistent with the standards governing such services and the provisions of this Agreement. The
successful bidder further represents and warrants that all services shall be performed by qualified personnel in
a professional and workmanlike manner, consistent with industry standards, and that all services will conform to
applicable specifications.
P. Non -Assignment: The successful bidder may not assign or transfer this Agreement or any interest therein or
claim thereunder, without the prior written approval of County. Any attempts by the successful bidder to assign
or transfer its rights hereunder without such prior approval by County shall, at the option of County, automatically
terminate this Agreement and all rights of the successful bidder hereunder. Such consent may be granted or
denied at the sole and absolute discretion of County.
Q. 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.
R. 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.
S. Employee Financial Interest/Conflict of Interest — C.R.S. §§24-18-201 et seq. and §24-50-507. The
signatories to this Agreement agree that to their knowledge, no employee of Weld County has any personal or
beneficial interest whatsoever in the service or property which is the subject matter of this Agreement. County
has no interest and shall not acquire any interest direct or indirect, that would in any manner or degree interfere
with the performance of the successful bidder's services and the successful bidder shall not employ any person
having such known interests. During the term of this Agreement, the successful bidder shall not engage in any
in any business or personal activities or practices or maintain any relationships which actually conflicts with or in
any way appear to conflict with the full performance of its obligations under this Agreement. Failure by the
successful bidder to ensure compliance with this provision may result, in County's sole discretion, in immediate
termination of this Agreement. No employee of the successful bidder nor any member of the successful bidder's
family shall serve on a County Board, committee or hold any such position which either by rule, practice or action
nominates, recommends, supervises the successful bidder's operations, or authorizes funding to the successful
bidder.
T. Severability: If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable by a
court of competent jurisdiction, 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.
B1700029 5
U. Binding Arbitration Prohibited: Weld County does not agree to binding arbitration by any extra -judicial body
or person. Any provision to the contrary in the contract or incorporated herein by reference shall be null and
void.
V. Board of County Commissioners of Weld County Approval: This Agreement shall not be valid until it has
been approved by the Board of County Commissioners of Weld County, Colorado or its designee.
W. Compensation Amount: Upon the successful bidder's successful completion of the service, and County's
acceptance of the same, County agrees to pay an amount no greater than the amount of the accepted bid. The
successful bidder acknowledges no payment in excess of that amount will be made by County unless a "change
order" authorizing such additional payment has been specifically approved by the County's delegated employee,
or by formal resolution of the Weld
X. Taxes: County Board of County Commissioners, as required pursuant to the Weld County Code. County will
not withhold any taxes from monies paid to the successful bidder hereunder and the successful bidder 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. Contractor 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.
6. INSURANCE REQUIREMENTS:
Insurance and Indemnification. Contract Professionals must secure, at or before the time of execution of
any agreement or commencement of any work, the following insurance covering all operations, goods or
services provided pursuant to this request. Contract Professionals shall keep the required insurance coverage in
force at all times during the term of the Agreement, or any extension thereof, and during any warranty period.
The required insurance shall be underwritten by an insurer licensed to do business in Colorado and rated by
A.M. Best Company as "A"VIII or better. Each policy shall contain a valid provision or endorsement stating
"Should any of the above -described policies by canceled or should any coverage be reduced before the
expiration date thereof, the issuing company shall send written notice to the Weld County Director of General
Services by certified mail, return receipt requested. Such written notice shall be sent thirty (30) days prior to such
cancellation or reduction unless due to non-payment of premiums for which notice shall be sent ten (10) days
prior. If any policy is in excess of a deductible or self -insured retention, County must be notified by the
Contract Professional. Contract Professional shall be responsible for the payment of any deductible or self -insured
retention. County reserves the right to require Contract Professional to provide a bond, at no cost to County,
in the amount of the deductible or self -insured retention to guarantee payment of claims.
The insurance coverage's specified in this Agreement are the minimum requirements, and these requirements do
not decrease or limit the liability of Professional. The County in no way warrants that the minimum limits
contained herein are sufficient to protect them from liabilities that might arise out of the performance of the
work under this Contract by the Contract Professional, its agents, representatives, employees, or
subcontractors. The Contract Professional shall assess its own risks and if it deems appropriate and/or
prudent, maintain higher limits and/or broader coverages. The Contract Professional is not relieved of any
liability or other obligations assumed or pursuant to the Contract by reason of its failure to obtain or maintain
insurance in sufficient amounts, duration, or types. The Contract Professional shall maintain, at its own
expense, any additional kinds or amounts of insurance that it may deem necessary to cover its obligations and
liabilities under this Agreement. Any modification to these requirements must be made in writing by Weld
County.
The Contract Professional stipulates that it has met the insurance requirements identified herein. The Contract
Professional shall be responsible for the professional quality, technical accuracy, and quantity of all services
provided, the timely delivery of said services, and the coordination of all services rendered by the Contract
Professional and shall, without additional compensation, promptly remedy and correct any errors, omissions, or
other deficiencies.
INDEMNITY: The Contract Professional shall defend, indemnify and hold harmless County, its officers,
agents, and employees, from and against injury, loss damage, liability, suits, actions, or willful acts or
B1700029 6
omissions of Contract Professional, or claims of any type or character arising out of the work done in fulfillment
of the terms of this Contract or on account of any act, claim or amount arising or recovered under workers'
compensation law or arising out of the failure of the Contract Professional to conform to any statutes,
ordinances, regulation, law or court decree. The Contract Professional shall be fully responsible and liable for
any and all injuries or damage received or sustained by any person, persons, or property on account of its
performance under this Agreement or its failure to comply with the provisions of the Agreement, or on account
of or in consequence of neglect of the Contract Professional in its methods or procedures; or in its provisions of
the materials required herein, or from any claims or amounts arising or recovered under the Worker's
Compensation Act, or other law, ordinance, order, or decree. This paragraph shall survive expiration or
termination hereof. It is agreed that the Contract Professional will be responsible for primary loss investigation,
defense and judgment costs where this contract of indemnity applies. In consideration of the award of this
contract, the Contract Professional agrees to waive all rights of subrogation against the County its associated
and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, and
volunteers for losses arising from the work performed by the Contract Professional for the County. A failure to
comply with this provision shall result in County's right to immediately terminate this Agreement.
Types of Insurance: The Contract Professional shall obtain, and maintain at all times during the term of any
Agreement, insurance in the following kinds and amounts:
Workers' Compensation Insurance as required by state statute, and Employer's Liability Insurance covering
all of the Contract Professional's employees acting within the course and scope of their employment. Policy
shall contain a waiver of subrogation against the County. This requirement shall not apply when a Contract
Professional or subcontractor is exempt under Colorado Workers' Compensation Act., AND when such Contract
Professional or subcontractor executes the appropriate sole proprietor waiver form.
Commercial General Liability Insurance shall include bodily injury, property damage, and liability assumed
under the contract.
$1,000,000 each occurrence;
$1,000,000 general aggregate;
$1,000,000 Personal Advertising injury
Professional Liability (Errors and Omissions Liability)
The policy shall cover professional misconduct or lack of ordinary skill for those positions defined in the Scope
of Services of this contract. Contract Professional shall maintain limits for all claims covering wrongful acts,
errors and/or omissions, including design errors, if applicable, for damage sustained by reason of or in the
course of operations under this Contract resulting from professional services. In the event that the professional
liability insurance required by this Contract is written on a claims -made basis, Contract Professional warrants
that any retroactive date under the policy shall precede the effective date of this Contract; and that either
continuous coverage will be maintained or an extended discovery period will be exercised for a period of two
(2) years beginning at the time work under this Contract is completed.
Minimum Limits:
Per Loss
Aggregate
$ 1,000,000
$ 2,000,000
Contract Professionals shall secure and deliver to the County at or before the time of execution of this
Agreement, and shall keep in force at all times during the term of the Agreement as the same may be
extended as herein provided, a commercial general liability insurance policy, including public liability and
property damage, in form and company acceptable to and approved by said Administrator, covering all
operations hereunder set forth in the related Bid or Request for Proposal.
Proof of Insurance: County reserves the right to require the Contract Professional to provide a certificate of
insurance, a policy, or other proof of insurance as required by the County's Risk Administrator in his sole
discretion.
Additional Insureds: For general liability, excess/umbrella liability, pollution legal liability, liquor liability, and
inland marine, Contract Professional's insurer shall name County as an additional insured.
B1700029 7
Waiver of Subrogation: For all coverages, Contract Professional's insurer shall waive subrogation rights
against County.
Subcontractors: All subcontractors, independent Contract Professionals, sub -vendors, suppliers or other entities
providing goods or services required by this Agreement shall be subject to all of the requirements herein and
shall procure and maintain the same coverage's required of Contract Professional. Contract Professional shall
include all such subcontractors, independent Contract Professionals, sub -vendors suppliers or other entities as
insureds under its policies or shall ensure that all subcontractors maintain the required coverages. Contract
Professional agrees to provide proof of insurance for all such subcontractors, independent Contract
Professionals, sub -vendors suppliers or other entities upon request by the County.
The terms of this Agreement are contained in the terms recited in this Request for Bid and in the Response to
the Bid each of which forms an integral part of this Agreement. Those documents are specifically incorporated
herein by this reference.
81700029 8
SPECIFICATIONS AND SCOPE OF WORK:
The Weld County Council is seeking proposals from qualified vendors to conduct:
Operational Performance Reviews of the Weld County Clerk & Recorders Office and the Weld County
Commissioners
The basic components of the reviews to include:
• Review existing organizational structure, which includes Administration, and outline benefits and
challenges of current division of labor, span of control, chain of command, authority, responsibility,
delegation and accountability.
• Review division functions in terms of work flow and alignment.
• Assess whether staffing levels are appropriate to meet workloads based on current and future level
of service requirements and provide comparisons to similar jurisdictions.
• Review administrative and executive decision making structures to identify opportunities for
improvement.
• Report on findings and make recommendations with a goal to assist the County in becoming more
operationally effective and efficient to its customer base.
• Identify strengths and weaknesses of current organizational structure including root causes behind
current strength or weakness that could influence capacity to achieve future innovation.
• Provide implementation plan for improvement for the immediate, short, medium, and long term.
• Provide assessment and report on findings of personal and professional integrity in complying with
the County Mission Statement and Colorado Revised Statutes for governance, conflicts of interest,
legal compliance, responsible stewardship of resources and financial oversight, openness and
disclosure, and integrity in fundraising.
The selected vendor will meet with the County Council during a regular scheduled meeting to refine the
review criteria.
DELIVERABLES
At the end of the project, the contractor will submit a written (and electronic version) report of findings,
conclusions, and recommendations based on the summary tasks listed above. If requested, the vendor shall
meet with the County Council to discuss the findings, conclusions, and recommendations and to answer any
questions, provide additional information, or clarify any findings in the report. If needed, the vendor will
modify the report and resubmit to the County Council.
QUALIFICATIONS
1. Vendor Experience and Qualifications:
a. Describe the Vendors' unique qualifications as they pertain to this type of work.
b. Include a description of the vendor including your in-house capabilities and any outsourcing services
anticipated. Information should include vendor history, names and credentials of principal officers of the
vendor, location of home and branch offices, honors and awards (if any) and areas of specialization (if any).
2. Key Professionals
B1700029
9
a. Identify the key members of your team that would be directly involved in the project and list their
certifications and area of expertise and what role they will perform and projects they have collaborated on in
the past.
b. Identify the Project Manager who will be responsible for the execution of work and ensuring that adequate
personnel and other resources are made available for the project, and who is responsible for the quality and
timeliness of the Consultant's performance.
3. Relevant Projects / References:
List/Describe any contracts, currently in progress or performed in the past 5 years comparable to this RFP, as
follows:
a. Reference only projects involving current staff, indicate which team members were actually involved in the
project and specify their role.
b. List projects in date order with the newest projects listed first.
c. Describe in detail the services your vendor provided and the outcome of the project (On -time, On -budget,
the number of change orders issued)
d. Provide the client name for whom services were provided and the appropriate individual who may be
contacted as a representative of each client (include phone number, email and address of contact)
4. SCHEDULE
Provide a schedule depicting the tasks described above.
5. CONFLICT OF INTEREST
Describe any potential conflicts of interest your staff, firm, or outsourced services, may have related to this
Scope of Work.
FORMAT OF PROPOSAL
The following format should be followed in order to allow the Weld County Council to have a working basis on
which to compare one proposal with another. The elements within this outline are expected to be addressed
in any submitted proposal; however, additions to it may be made where necessary for purposes of clarification
or amplification. Please submit seven (7) paper copies and one (1) electronic version.
1. Cover Letter, including a short statement of the principal reasons the submitting firm believes it is qualified
for the work and should be selected.
2. Vendor Experience and Qualifications.
3. Key Professionals.
4. Relevant Projects and References.
5. Anticipated Schedule to Conduct Reviews.
6. Statement of Conflict of Interest.
7. Cost of Services. Please provide a lump sum price.
EVALUATION CRITERIA
I. PROJECT UNDERSTANDING AND APPROACH. The project understanding and approach
should acknowledge the diverse values, goals and scope of the project with its unique
challenges and opportunities.
2. RELEVANT EXPERIENCE & REFERENCES. The project experience and references should
instill confidence that the proposed project team has the ability to successfully complete the
performance reviews.
3. SCHEDULE. The schedule should reflect a timeline to complete the scope of services.
B1700029 10
Selection will be with the best qualified vendor and proposal determined solely by the County Council. The
selected vendor will be required to enter into a separate agreement (sample is attached). The County Council
may elect to short list the vendors and conduct written or oral discussions as necessary to determine the best
qualified vendor(s).
NON -DISCLOSURE
The selected vendor shall be aware that they shall not disclose any preliminary or final report or findings
without first consulting with the County Council. The County Council shall be the custodian of all drafts and
reports prepared as part of the audits.
* The successful vendor is required to sign a separate contract (a sample contract is included as a separate
attachment.)
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth
in the request for proposal for Request No. #B1700029.
2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and
local taxes.
3. He or she is authorized to bind the below -named bidder for the amount shown on the
accompanying proposal sheets.
4. The signed bid submitted, all of the documents of the Request for Proposal contained herein
(including, but not limited to, product specifications and scope of services), and the formal
acceptance of the bid by Weld County, together constitutes a contract, with the contract date being
the date of formal acceptance of the bid by Weld County.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to
accept the bid that, in the opinion of the Board of County Commissioners, is to the best interests of
Weld County. The bid(s) may be awarded to more than one vendor.
FIRM BY
(Please print)
BUSINESS
ADDRESS
DATE
CITY, STATE, ZIP CODE
TELEPHONE NO FAX TAX ID #
SIGNATURE E-MAIL
**THE SUCCESSFUL BIDDER SHALL PROVIDE A W-9 IF NOT ALREADY ON FILE**
WELD COUNTY IS EXEMPT FROM COLORADO SALES TAXES. THE CERTIFICATE OF EXEMPTION
NUMBER IS #98-03551-0000. YOU DO NOT NEED TO SEND BACK PAGES 1 - 8.
81700029 11
Exhibit B
Rose Everett
From:
Sent:
To:
Subject:
Attachments:
Nicolas Menard <nmenard@harveyrose.com>
Monday, January 30, 2017 5:41 PM
bids
Response to RFP
Bid No. B1700059_013117 Weld County Council.pdf
Please see attached our proposal in response to bid # B1700059, Performance Reviews of the Weld
County Clerk & Recorders Office and the Weld County Commissioners.
Please note the following items:
1. The RFP contained references to two different bid numbers, B 1700059 and B1700029. We are
responding to the bid: Performance Reviews of the Weld County Clerk & Recorders Office and the
Weld County Commissioners.
2. Hard copies of this proposal are scheduled to arrive Tuesday morning.
We hereby waive our right to a sealed bid.
Thank you for consideration.
Nicolas Menard
Harvey M. Rose Associates, LLC
1390 Market Street, Suite 1150
San Francisco, CA 94102
T: (415) 553-4638
1
Proposal to Provide
Performance Reviews of the Weld County
Clerk and Recorders Office and the Weld
County Commissioners
Prepared for the
Weld County Council
H M R
M.RC [
Harvey M. Rose Associates, LLC
1390 Market Street, Suite 1150
San Francisco, CA 94102
(415) 552-9292 (T)
(415) 252-0461 (F)
http://www.harveyrose.com
January 30, 2017
Table of Contents
1. Cover Letter
2. Vendor Experience and Qualifications 1
3. Key Professionals 4
4. Relevant Projects and References 14
5. Anticipated Schedule to Conduct Reviews 20
6. Conflict of Interest Statement 23
7. Cost of Services 24
8. Statement of Understanding 25
It
HARVEY N1. ROSE
ASSOCIATES, LTC
puL'Lc seam mar=3r1,3'rif r ronsulcng
HMR
January 30, 2017
Weld County Purchasing Department (Bid Number: B1700059)
Weld County Administrative Building
1150 0 Street 4107
Greeley, CO 80631
Dear Linda Kane:
Harvey M. Rose Associates, LLC (HMR) is pleased to submit this proposal to the Weld County Council to
conduct the Performance Reviews of the Weld County Clerk & Recorders Office and the Weld County
Commissioners.
We have reviewed and understood all elements of the County's Requests for Proposal (Bid Number:
B1700059) and believe that our proposal is fully responsive to the scope and objectives of the services
as outlined in the RFP. We intend to perform the services that we have outlined in this proposal. We are
willing to enter into an agreement under the terms and conditions prescribed in this RFP and in the
Sample Agreement.
Our team is well qualified to provide the requested services for Performance Reviews. HMR has over 35
years of experience in public sector consulting and auditing work. Our proposed team of professionals
has experience conducting various forms of assessment, reviews, and audits of local governments and
agencies, including experience reviewing the functions performed by both the Weld County Clerk &
Recorder and the County Board of Commissioners.
As a company principal, I would serve as the partner -in -charge if HMR is selected to conduct this audit. I
would serve as the central point of contact during the review process. My contact information is below:
Fred Brousseau, Principal
Harvey M. Rose Associates, LLC
1390 Market Street, Suite 1150
San Francisco, California 94102
Phone: (415) 553-4627; Email: fbrousseau@harveyrose.com
Thank you for providing our firm with the opportunity to submit a proposal to provide our services. The
attached proposal contains details of our approach to the proposed project and our rates. We are
available to respond to questions or present our proposal to the Weld County Council and other parties
involved in the selection process upon request.
Sincerely,
7-' I �jt d3tn v�
Fred Brousseau, Principal
Section 2: Vendor Experience and Qualifications
Our Firm
Harvey M. Rose Associates, LLC (HMR), established in 1978, specializes in performance reviews,
performance and management auditing, budget and financial analysis, staffing analysis, and other
management review services for public sector agencies, particularly cities, counties, school districts, and
other local government entities. We have conducted more than 750 projects and analyses of public
agencies, ranging from small municipalities to some of the largest and most complex governmental, with
budgets exceeding $24 billion annually. These analyses rely on our analytical independence, allowing us
to provide our clients with unbiased findings and recommendations. Our services have assisted many
city, county, and state agencies improve and measure performance, achieve savings and/or increase
revenues, and allocate and manage resources in a more efficient, effective, and economical manner.
Highlights of our experience and qualifications include:
• Serving continuously as the contract Management Auditor to the Board of Supervisors of the
County of Santa Clara, California since 1980, conducting performance audits, special studies, risk
assessments, and whistleblower investigations, as directed by the Board, and annually reviewing
the County Executive's recommended budget for all County departments.
• Serving continuously as the contract Budget and Legislative Analyst to the Board of Supervisors
of the City and County of San Francisco, under contract, since 1979. Our services to the Board
include performance audits, legislative analysis, and an annual detailed review of the Mayor's
proposed budget for all City agencies.
• Providing analytical services including business process analyses, internal control assessments,
performance audits, fiscal reviews, and special studies for legislative bodies, civil grand juries,
and other government entities in the states of Colorado, California, Oregon, and Illinois.
The firm is a privately held California -based limited liability corporation and has offices in San Francisco,
CA and San Jose, CA.
Harvey M. Rose Associates, LLC
1390 Market Street, Suite 1150
San Francisco CA 94102
(415) 552-9292
Harvey M. Rose Associates, LLC
70 West Hedding Street
10th Floor, East Wing
San Jose, CA 95110
(408) 299-6436
The firm is owned by three partners, each with experience ranging from 16 to 32 years of auditing and
analyzing local government operations. All three partners are actively involved in managing services
performed by the company.
Harvey M. Rose Associates, LW
1.
Section 2: Vendor Experience and Qualifications
All company partners are authorized to execute contracts:
Fred Brousseau
(415) 553-4627
Severin Campbell
(415) 553-4647
Cheryl Solov
(408) 299-6435
Our organizational structure is relatively flat, meaning that decision -making is simple, the firm's partners
and their areas of expertise are easily accessible to all staff, and all staff members are flexible and work
together in different team configurations based on what is best for the project and client, Sharing of
skills and experience is strongly encouraged in our organization so that everyone benefits from all
dimensions of our deep local government experience. As a result, our project teams are flexible and able
to respond quickly and effectively to client needs.
Staff Qualifications and Experience
At Harvey M. Rose Associates, LLC, our staff is our greatest asset. Our firm's services are provided almost
exclusively to local government, which enables our staff to be extremely familiar with the diverse
operations of local government agencies and the laws, norms, and best practices they should follow.
Our staff has extensive experience conducting performance audits, staffing analysis, and other
management consulting services for organizations similar to the ones under review in this project. In
particular, we have extensive experience in reviewing allegations of fraud and misconduct, compliance
with local, state, and federal laws, and organizational structures and work flows. We are able to
complete this project with in-house resources and without the need for subcontracting or outsourcing.
Through our array of services, we have assisted our clients in improving their operational efficiency,
identifying and reducing costs, and providing higher levels of service to their communities in all
functional areas of local government. Core staff members have earned a reputation for identifying
problem areas, collecting and analyzing relevant information, and preparing realistic recommendations
within government settings.
Internal Quality Control
Our firm maintains a high standard of integrity for our work products, meets all client deadlines, and
provides follow-up services whenever needed. All reports undergo an internal quality control process
that includes reviews by project managers and the principal -in -charge. This intensive process yields
analyses and recommendations that have demonstrably improved clients' abilities to allocate and
manage resources and implement programs in order to provide high -quality services.
Our work is conducted in accordance with generally accepted government auditing standards (GAGAS)
set forth in the 2011 revision of the Government Auditing Standards promulgated by the U.S.
Harvey M. Rose Associates, LLC
2
Section 2: Vendor Experience and Qualifications
Government Accountability Office (the "Yellow Book"). Among other requirements, we adhere to these
standards far analytical independence, evidence -based findings, and continuing professional education.
As a testament to our strong internal quality control system, our recent external peer review (completed
in October 2016 in accordance with GAGAS Standards) positively affirmed the effectiveness of our
quality assurance procedures. As a result of these rigorous standards, our work has earned a reputation
for containing findings and recommendations that are technically superior and supported by well -
documented evidence.
Client Satisfaction
In addition to serving continuously as the contract Budget and Legislative Analyst for the San Francisco
Board of Supervisors and as the Management Auditor for the Santa Clara County Board of Supervisors,
we are regularly rehired for projects by previous clients, indicating client satisfaction with our work. We
have completed multiple performance audit projects for civil grand juries in California counties such as
San Bernardino, Los Angeles, Monterey, and Orange. We have also been rehired by the Los Angeles City
Controller, the Los Angeles County Auditor -Controller, the Port of Los Angeles, and the Sacramento
Regional County Sanitation District.
Commitment to Independence
Independence is the hallmark of our organization, prominent in every aspect of the services we
provide —from the character, depth, and thoroughness of our analysis to the strength of our
recommendations. We believe that this approach has been key to our firm's longevity and success and
beneficial to all of our clients, who receive the independent, objective, and accurate information
necessary to ensure excellence in decision -making.
Harvey M. Rose Associates, LLC
3
Section 3: Key Professionals
The project team would consist of one partner -in -charge, one senior manager, and one senior
analyst. All staff listed below would participate directly in the project tasks. The partner -in -
charge would be responsible for the ensuring quality control of the final deliverable and timely
execution of all project tasks. The project team members and their qualifications are listed
below. Resumes for each team member are included following this narrative and descriptions
of the referenced projects are detailed in Section 4 of this proposal.
Name
Title
Hourly Rate
Telephone ft
Fred Brousseau
Partner- In -Charge (primary contact person)
$175
415-553-4627
Dan Goncher
Senior Manager/Project Manager
$140
415-553-4629
Nicolas Menard
Senior Analyst
$115
415-553-4638
Fred Brousseau, Principal/Partner
Fred Brousseau is a Principal with extensive experience in performance reviews, organizational
and staffing studies, and performance audits. Mr. Brousseau would serve as the Partner -in -
Charge, providing overall project supervision, expertise, and the final level of quality assurance.
Mr. Brousseau manages the policy analysis services for the San Francisco Board of Supervisors
and has served as a principal/project manager on numerous performance audits and special
studies for other local government clients, including the Colorado State Auditor, the City of Los
Angeles, the Port of Los Angeles, and the Los Angeles County Auditor -Controller. Mr. Brousseau
earned a Master of Public Policy degree from the University of California, Berkeley.
Project Highlights
• Audit of Alleged Board Intrusion into County Department Processes for the Los
Angeles County Auditor -Controller
• Performance Evaluation of the Colorado Division of Water Resources Dam Safety
Function
Performance Audit of the City of Watsonville, including City Council governance
Dan Goncher, Senior Manager
Dan Goncher is a Senior Manager with extensive experience auditing and conducting
investigations and technical analyses for public sector agencies. Mr. Goncher has managed and
conducted performance audits, budget analyses, management audits, investigations, and
special studies in the areas of public health, transportation, real estate, utility management,
Harvey M. Rose Associates, LW
4
Section 3: Key Professionals
housing, government operations, and others. His project work has taken place for cities and
counties across California and in the State of Colorado. Prior to joining HMR, Mr. Goncher
worked in the Division of Banking Supervision and Regulation at the Federal Reserve Bank of
San Francisco as a Bank Examiner. Mr. Goncher earned a Master of Public Policy degree from
the University of California, Berkeley and received his B.A. (with honors) from American
University in Washington, D.C.
Project Highlights
Performance Audit of the City of Watsonville, including City Council governance
Performance Evaluation of the Colorado Division of Water Resources Dam Safety
Program
Annual review of the Mayor's Proposed Budget for San Francisco City and County
Departments
Nicolas Menard, Senior Analyst
Mr. Menard brings experience conducting staffing analyses, fiscal and organizational reviews,
as well as experience examining management and business process effectiveness. Mr.
Menard's recent projects include performance audits and management assessments of county
departments that examine their staffing and organizational structure. Prior to joining HMR, Mr.
Menard worked as an economic consultant analyzing the economic viability of infrastructure
projects and competition matters. Mr. Menard holds a Master of Public Administration from
Columbia University and a Bachelor of Arts from Swarthmore College.
Project Highlights
• Management Review of the Imperial County Department of Social Services
• Performance Audit of Santa Clara County Information Services Department
• Annual review of the Mayor's Proposed Budget for San Francisco City and County
Departments
Harvey M. Rose Associates, LLC
5
FREDERICK J. BROUSSEAU
POSITION: Principal — Harvey M. Rose Associates, LLC
EXPERIENCE: Project Management and Supervision
Has served as Project Manager for management audits and other analyses conducted by the firm for
over 28 years, particularly in areas of criminal justice, health and social services, public works and
land use, and finance and government operations. His project management and supervision
experience includes:
• Director of Policy Analysis for San Francisco Board of Supervisors: manages analyses of
programs and policies under consideration by Board members on a wide variety of topics
and possible legislation. Identifies and analyzes alternative means of achieving desired
objectives.
• Management of audits and projects for various local government jurisdictions including cities
of Los Angeles, Oakland, San Francisco, San Bernardino, San Jose, Colton, Chino and Berkeley
and counties of Sacramento, Los Angeles, Butte, San Bernardino, Riverside, Santa Clara and
El Dorado, among others
• Audits and analyses of finance and operations, contracting process, fees, and land
development process
• Litigation and criminal support work for numerous law firms and offices regarding local
government financial and operational issues
Finance, Government Operations and Fee Analyses
• Analysis of costs of services provided by all City departments for veterans, City and County of
San Francisco
• Analysis of costs of services provided by all City departments for homeless population, City
and County of San Francisco
• Performance Audit, Bond -funded School Construction and Improvement Program, Beverly
Hills Unified School District
• Blueprint for Performance -based Budgeting, City of Los Angeles
• Performance Audit: Hospital and Health Clinic Write-offs, County of Los Angeles
• Risk Assessment: Port of Los Angeles Administrative Functions
• Audit of Possible Board of Supervisors Intrusion into County Operations: Los Angeles County
• Performance Audit, City of Watsonville, CA
• Analysis of Fiscal Feasibility of Incorporation or Assumption of Latent Powers, Rossmoor
Community Services District, Orange County, CA
• Performance Audits, Financial Management and Program Strategy, First 5 Los Angeles (grant
making organization for services and programs for children ages 0-5, funded by Tobacco Tax
proceeds)
• Audits, County of Sacramento, City of Sacramento and City of Folsom Billing and Billing
Procedures on behalf of the Sacramento Regional County Sanitation District, including
Processes for Determining and Collecting Development Impact Fees
• Performance Audit, City of Los Angeles Commodity Procurement Function
• Risk Assessment, Los Angeles World Airports Performance Audit Program
• Management Audit, Los Angeles Unified School District Warehousing and Inventory Control
• Fiscal and Operational Review, Monterey County General Liability Program
• Analysis, Monterey County Mandated Procurement and Human Resources Functions
• Management Audit, Santa Clara County Data Processing Department
• Analysis, El Dorado County Budget Function and Process
• Organizational Study, Maricopa County (Arizona) Finance and Budget Functions
• Analysis, City of San Carlos Costs and Benefits of Contract Legal and Finance Services
• Analysis, City of Ontario Costs and Benefits of Contract Legal Services
• Management Audit, City of Chino: All Functions
Harvey M. Rose Associates, LLC
6
FREDERICK J. BROUSSEAU (continued)
Public Works, Transportation and Land Use Projects
• Analysis of Costs and Funding for Undergrounding Utility Wires, City and County of San
Francisco
• Analysis of Alternative Approaches to Reducing Commercial Vacancies, City and County of
San Francisco
• Analysis of Costs and Management of Implementing Bicycle Strategy, City and County of San
Francisco
• Analysis of magnitude and impact of tenant evictions, City and County of San Francisco
• Performance Evaluation: Dam Safety Program, State of Colorado
• Policy Analysis: Bicycle Infrastructure Funding Strategy, City and County of San Francisco
• Policy Analysis: Rent Increases Affecting Non-profit Organizations, City and County of San
Francisco
Performance Audit, Development Project Approval and Condition Management, including
Analysis of Impact Fees for Public Facilities, City of Los Angeles
Performance Audit, City and County of San Francisco Planning Department, including
analysis of development impact and other fees charged as part of the development process
• Management Audit, Santa Clara County Roads and Airports Department
• Review, Los Angeles County Department of Public Works Warehousing, Inventory, and
Procurement Processes and Staffing
• Analysis, City of San Carlos Costs and Benefits of Contract Public Works and Planning
Services
• Evaluation, City of Berkeley Permit Service Center
• Management Audit, Santa Cruz County Planning Department
• Management Audit, City of Chino Redevelopment Agency
• Management Audit, Sonoma County Planning Department
Litigation Support/Expert Witness
• Analysis of Urban Growth Management/Citywide Impact Fees, City of Fresno
Property Tax Impact Analysis, Proposed Municipal Annexation of Unincorporated Land
• Analysis, Fiscal Impact of Oroville Dam on Butte County Costs and Operations
• Analysis of Revenue Neutrality Amount Paid to Newly Incorporated City of Rancho Cordova
• Analysis of Auditor's Ratio and Property Tax Transfer, City of Rancho Cordova
• Analysis to assess nexus between departmental costs and the County's building and
development fees, Orange County Building and Safety Fund
• Analysis of City Auditor Staffing Need to Meet Office's Charter Requirements, City of
Oakland
• Analysis of inclusion of employees shared by public agencies and non-profit organizations in
CALPERS retirement system, California County Superintendents Educational Services
Association
Forensic Audits
Analysis of Process for Selection of Contract Inspector General, Los Angeles Community
College District
• Performance Audit, City of Berkeley Contractor Financial Arrangements and Payments
• Audit, Public Guardian's Office in case involving employee embezzlement
• Audit of the Economic Development Agency's contractual relationship with housing
developer Alvarez & Associates, City of San Bernardino
• Management Audit of Fraud Prevention Investigation Functions, County Department of
Public Social Services
Harvey M. Rose Associates, LW
FREDERICK J. BROUSSEAU (continued)
Public Safety and Justice Projects
• Analysis of Bicycle Theft Trends and Prevention Methods, City and County of San Francisco
• Analysis of City and Property Owner Costs of Graffiti, City and County of San Francisco
Performance Audit: Adult Indigent Defense Conflict Panels, San Bernardino County
• Performance Audit, Sonoma County Public Defender's Office
• Management Review, Ventura County Public Defender's Office
• Performance Audit, City and County of Los Angeles Gang Reduction Programs and Services
• Management Audit, Santa Clara County Public Defender's Office and Indigent Defense
System
• Analysis, Sheriff's Costs to be Transferred to Newly Incorporated City
• Management Audit, Pima County (Arizona) Public Defender and District Attorney as part of
audit of Criminal Justice System
• Management Audit, Orange County Public Defender and Indigent Defense Costs
• Management Audit, San Bernardino County Public Defender
• Management Audit, Santa Clara County Department of Child Support Services
• Comparative Audit, Los Angeles County Formal and Summary Probation Systems
• Zero -based Budget Analysis, City and County of San Francisco Sheriff, Trial Courts, District
Attorney, and Public Defender
• Management Audit, Solano County Sheriff's Department
• Performance Audit, San Diego County Sheriff's Department
• Analysis, Santa Clara County Sheriffs Department Court Security Staffing and Procedures
• Evaluation, Los Angeles County Public Defender's Office Investigations Division
• Management Audit, Los Angeles County Citizen Complaint Process (Various Law
Enforcement Agencies)
• Analysis, Maricopa County (Arizona) Jail Per Diem Rate and Booking Fee
• Management Audit, Los Angeles County Coroner -Chief Medical Examiner
• Analysis, Maricopa County (Arizona) Sheriffs Office Contract Law Enforcement
Health and Social Services Projects
• Performance Audit, Los Angeles County Elder Abuse Programs and Services
• Performance Audit, Los Angeles County Programs and Services for At -Risk Youth (covering
employment, anti -dropout programs, gang reduction efforts and medical services for foster
children)
• Audit, El Dorado County Departments of Mental Health and Human Services Medi-Cal
Revenue
Analysis, Los Angeles County Department of Health Services and Department of Family and
Children's Services Data Sharing
• Analysis, Implementation of a Separate Health Authority within Los Angeles County
• Management Audit, Los Angeles County MacLaren Children's Center
• Management Audit, Santa Clara County Department of Family and Children's Services
• Management Audit, El Dorado County S.B. 163 Wraparound Program
• Management Audit, Los Angeles County Department of Children's and Family Services Group
Home Function
Analysis, Monterey County Natividad Medical Center Proposal for Delegated Procurement
and Human Resource Authority
• Management Audit, Amador County Public Conservator's Office
• Management Audit, Orange County Pulmonary Health Services
• Evaluation, Los Angeles County Department of Public Social Services Quality Control Systems
to Identify and Locate Non -Custodial Parents
• Organizational Study, Orange County Regional Center
• Management Audit, El Dorado County Child Protection Services
Harvey M. Rose Associates, LW
FREDERICK J. BROUSSEAU (continued)
Management Audit, Mendocino County Department of Social Services
Analysis, Los Angeles County's Martin Luther King, Jr./Drew Hospital Backlogs in Outpatient
Clinics
Reengineering Patient Care Delivery, Los Angeles County Walk -In Emergency and Urgent
Care Clinics
• Analysis, City of Berkeley Health and Human Services Department Organizational Structure
Alternatives
• Special Study, Los Angeles County Department of Health Services' $2.1 Billion Health Facility
Replacement and Improvement Plan
Education, Recreation and Culture Projects
• Performance Audit: Selection of Contract Inspector General, Los Angeles Community College
District
• Policy Analysis: Use of Park, Recreation and Open Space Fund, City and County of San
Francisco
• Performance Audit, Los Angeles Unified School District Programs and Services to Reduce
High School Dropout Rate
• Management Audit, Los Angeles Unified School District Warehousing and Inventory Control
• Analysis, East Side Union High School District Budget Function and Process (San Jose, CA)
• Management Audit, East Side Union High School District Information Systems Department
(San Jose, CA)
• Management Audit, East Side Union High School District General Services Department (San
Jose, CA)
• Operational Audit, San Diego Unified School District Material Services Function
• Audit, Chino Valley Unified School District Land Bank Program
• Management Audit, Centinela Valley Unified Finances and Business Operations
PROFESSIONAL
HISTORY: Harvey M. Rose Associates, LLC, Partner/Project Manager, 2006 -Present
Harvey M. Rose Accountancy Corporation, Principal/Senior Manager, 1993-2006 & 1982-1990
Ernst & Young, Bay Area Manager of Government Consulting, 1990-1993
Center for Continuing Study of the California Economy, Associate Economist, 1978-1982
EDUCATION: Master of Public Policy, University of California at Berkeley, 1980
Bachelor of Arts in Economics, University of California at Santa Cruz, 1976
Harvey M. Rose Associates, LLC
9
DANIEL GONCHER
POSITION:
EXPERIENCE:
Senior Manager— Harvey M. Rose Associates, LLC
Project Management and Analysis
Plan, manage, and conduct performance and management assessments and audits on a
wide variety of issues for local government clients as needed. Also provide fiscal, legislative,
and budget analysis of proposed resolutions, ordinances and supplemental appropriation
requests from departments and programs for the City and County of San Francisco Board of
Supervisors.
Health and Social Services Projects
• Annual Review of $1.6 billion Department of Public Health budget, City and County of San
Francisco
• Project Manager, Performance Audit of the City and County of San Francisco Children's Fund
as managed by the Department of Children, Youth, and their Families
• Performance Audit, Sacramento Housing and Redevelopment Agency
• Performance Audit, San Francisco Housing Authority
• Special Study, Investigation of the Los Angeles County Elder and Dependent Adult Abuse
Prevention Services and Program
• Special Study, Investigation of the Los Angeles County Foster Youth Abuse Prevention
Services and Program
Finance and Government Operations Projects
• Manager, Annual Review of Mayor's Proposed $9 billion two-year budget for the City and
County of San Francisco Board of Supervisors
• Analysis of Permitting Processes for Certified Farmers Markets, City and County of San
Francisco
• Analysis of Citywide Procurement Processes, City and County of San Francisco
• Audit of Santa Clara Stadium Authority Finances, City of Santa Clara
• Performance Audit, San Francisco's Lead Worker, Standby, Acting Assignment, and
Supervisory Differential Pay Practices
• Fiscal and Legislative Analysis, City and County of San Francisco Proposed Resolutions and
Ordinances
• Annual Review of $89 million Department of Technology budget, City and County of San
Francisco
• Annual Review of $230 million Administrative Services Division budget, City and County of
San Francisco
• Performance Audit of Citywide IT Purchasing, City and County of San Francisco
• Comparative Analysis of Labor Standards Enforcement, City and County of San Francisco
• Close-out Audit of the Santa Clara County Cal -ID Fingerprinting Program
• Low -Income Investment & Lending Reviews, Federal Reserve Bank of San Francisco
Public Works, Transportation and Land Use Projects
• Performance Audit of San Bernardino International Airport Operations, Development and
Construction Activities
• Risk Focused Process Audits of Various Divisions, Port of Los Angeles
o Managed Review of Grants Management and Capital Assets for Port Police, Goods
Movement, and Information Technology Divisions; Assisted with Reviews of Human
Resources
• Performance Audit, Port of Los Angeles Real Estate Division
Harvey M. Rose Associates, LLC
10
DANIEL GONCHER
(CONTINUED)
PROFESSIONAL
HISTORY:
• Project Manager, Performance Audit, Victorville Municipal Utility Services, Southern
California Logistics Airport, and the City of Victorville
• Project Manager (Multiple Annual Audits), Proposition 39 Audit of Beverly Hills Unified
School District's Measure E Bond Fund Program and associated Capital Development
Activities
• Performance Audit, Los Angeles World Airports Capital Development Program
• Project Manager, Study of Impact of Transportation Network Companies in City of Sunnyvale
• Project Manager, Performance Audit of Affordable Housing Policies and Programs, City and
County of San Francisco
Performance Evaluation, State of Colorado Division of Water Resources- Dam Safety Branch
Review, Transportation Impacts of Proposed California Pacific Medical Center- Cathedral Hill
Hospital Development
• Budget Analysis of Public Improvement Costs, City of Los Angeles
• Analysis of Inter -Agency Coordination of Development Projects, City of Los Angeles
• Nationwide Benchmarking Study of Planning Functions, City of Los Angeles
• Operational Performance Audit, Colton Electric Utility
• Energy Efficiency Analysis, Alameda Power and Telecom
• Review of Management Functions of Regional Planning Department, County of Los Angeles
• Annual Review of $163 million Department of Public Works budget, City and County of San
Francisco
• Annual Review of $838 million San Francisco International Airport Budget
Education, Recreation and Culture Projects
• Audit of Beach Concession Agreements, City of Long Beach
• Review of Los Angeles Community College District's Process for Procuring Inspector General
Services
• Nationwide Benchmarking Study of Warehouse Management & Inventory Control, Los
Angeles Unified School District
• Project Manager, Performance Audit of Alemany Farmers' Market, City and County of San
Francisco
Harvey M. Rose Associates, LLC Senior Manager, 2013- Present
Harvey M. Rose Associates, LLC Principal Analyst, 2011-2013
Harvey M. Rose Associates, LLC Senior Analyst, 2008 - 2011
Alameda Power and Telecom Consultant, 2008
United Kingdom Office of Climate Change Intern, 2007
City of Berkeley -Office of the Mayor Policy Analyst, 2007
Federal Reserve Bank of San Francisco Bank Examiner, 2000-2006
The White House Intern, 1998
EDUCATION: Master of Public Policy, Goldman School of Public Policy, University of California at Berkeley, 2008
Bachelor of Arts in Communications, Legal Institutions, Economics, & Government; American
University, 2000
Harvey M. Rose Associates, LLC
11
NICOLAS R. MENARD
POSITION: Senior Analyst — Harvey M. Rose Associates, LLC
EXPERIENCE: Project Analysis
Participates in performance audits, special studies, and budget and legislative analyses for
counties, cities, and other governmental agencies, and performs other analyses on a wide
variety of issues for government clients as needed.
Finance and Government Operations Projects
Performance audit of Santa Clara County Information Services Department, with a focus staffing and
recruitment practices.
• Performance audit of the San Francisco Sheriff's Department's Workers Compensation and Overtime,
with a focus on evaluating the adequacy of its staffing structure.
• Special Study of Language Access Ordinance in San Francisco, including analysis of interdepartmental
coordination and of contracts awarded for language access purposes.
• Assessment of fiscal and policy impact of legislation authorizing over $1.1 billion in municipal bonds
and other financial instruments to fund water and airport infrastructure upgrades and real estate
transactions within the City and County of San Francisco.
Performance audit of San Francisco Department of Technology, including organizational structure and
staffing analysis.
• Reviewed $114m annual budget of the San Francisco Department of Technology and recommend
cost saving measures to San Francisco Board of Supervisors.
• Reviewed $300m annual budget of the San Francisco City Administrator and recommend cost saving
measures to San Francisco Board of Supervisors.
• Special Study on financial and operational models to expand San Francisco's municipal fiber optic
network to residents and businesses.
Special Study on public cost of Internet access and phone service within the City and County of San
Francisco. Recommended changes to access technology and redundancy policies to achieve cost
savings.
• Special Study of information technology asset management within the City and County of San
Francisco. Recommended data collection and centralization strategies to reduce delays and costs in
information technology project implementation.
Public Safety and Justice Projects
• Special Study of violence prevention programs in San Francisco, with a focus on interagency
coordination and program performance measurement.
• Investigated effectiveness of public safety agencies across California to develop legal claims of former
clients.
• Performance audit of Riverside County conflict counsel for indigent defendants.
Housing Projects
• Special Study of housing affordability in California. Developed regression models to identify cost -
drivers of affordable housing development in California. Evaluated data quality of 50+ databases and
conducted survey of affordable housing developers.
• Special studies of development, construction, and building inspection fees in San Francisco for the
Board of Supervisors.
Harvey M. Rose Associates, LLC
12
NICOLAS R. MENARD
Public Works, Transportation and Land Use Projects
• Special Study of water infrastructure project in California. Modeled debt sustainability of $14B water
infrastructure upgrade through quantitative analysis of financial/operational data. Performed
qualitative analysis of operational and regulatory risks to contextualize model input/outputs.
• Analyze fiscal and policy impact of legislation proposed by the San Francisco Public Utilities
Commission.
• Analyze fiscal and policy impact of legislation proposed by the San Francisco International Airport.
• Analyze fiscal and policy impact of legislation proposed by the San Francisco Real Estate Division.
Other Projects
• Conducted original research and data analysis to uncover and value damage of price-fixing cartels,
including for foreign exchange and interest rate derivatives. Worked with municipalities to assess
potential losses of anticompetitive conduct. Wrote factual and analytical sections of legal documents
submitted to federal courts.
PROFESSIONAL
HISTORY: Harvey M. Rose Associates, LLC, San Francisco, CA, Senior Analyst, 2014 -present
Lieff Cabraser, San Francisco, CA, Research Analyst, 2013-2014
Blue Sky Consulting Group, Emeryville, CA, Summer Associate, 2013
EDUCATION: Master of Public Administration, Columbia University
Bachelor of Arts, Swarthmore College
Harvey M. Rose Associates, LLC
13
Section 4: Relevant Projects
The following is a list of recently completed projects by HMR that are relevant to our proposed
work for the Performance Reviews of the Weld County Clerk & Recorders Office and the Weld
County Commissioners. All of the projects were completed on time, within budget, and without
any change -orders.
Project title
Management Assessment of the Imperial County Department of Social Services
Date of
completion
August 31, 2016
Project
description
The purpose of this assessment was to: (1) review the effectiveness of the
Department's management structure, practices, and policies, particularly
regarding leadership, supervision, and communication; (2) evaluate human
resource management practices, including staffing, promotions, employee
grievances, and training; and, (3) identify core concerns facing Department staff,
including allegations of fraud. We conducted in-depth interviews with executive
management and developed and administered a survey of all 400 departmental
staff across three office locations. Our review found that human resource
processes were undermined by management and staff perceptions that they
were unfair and subjective. We also found that changes to the organizational
structure were reasonable but poorly communicated to staff. We made
recommendations to improve the department's communication strategy and
staffing practices intended to enhance morale and increase transparency in
management decision making.
Team members
Nicolas Menard (Senior Analyst)
Client name
Imperial County Counsel
Contact
information
Katherine Turner
Imperial County Counsel
940 W. Main Street, Suite 205
El Centro, CA 92243
Phone: 442-265-1120
Email: KatherineTurner@co.imperial.ca.us
Harvey M. Rose Associates, LLC
14
Section 4: Relevant Projects
Project title
Annual review of the Mayor's Proposed Budget for City and County Departments
Including the Clerk's Office, Office of the Assessor -Recorder, and the Board of
Supervisors
Date of completion
An ongoing annual review since 1979 (most recent occurred in June 2016)
Project description
Harvey M. Rose Associates, LLC, in its capacity as contract Budget and Legislative
Analyst to the San Francisco Board of Supervisors, provides an annual independent
assessment of the Mayor's proposed annual budget for the City and County of San
Francisco. This review includes an analysis of the proposed budgets for the Clerk's
Office, Office of the Assessor -Recorder, and the Board of Supervisors. Our budget
review includes analysis of organizational structure, staffing requirements, and
alignment of spending activity with County and departmental priorities. In FY
2015-16, we recommended $37.7 million in budget reductions and adjustments to
the Board of Supervisors.
Team members
Dan Goncher (Senior Manager), Nicolas Menard (Senior Analyst)
Client name
San Francisco Board of Supervisors, Budget and Finance Committee
Contact
information
Jess Montejano, Legislative Aide to Supervisor Mark Farrell
1 Dr. Carlton B Goodlett Place
San Francisco, CA 94102
Phone: (415) 554-5144
Email: jess.montejano@sfgov.org
Harvey M. Rose Associates, LLC
15
Section 4: Relevant Projects
Project title
Performance Evaluation of the Colorado Division of Water Resources Dam Safety
Program
Date of completion
February 25, 2014
Project description
The purpose of this study was to evaluate the Division of Water Resource's
oversight of the dam safety program in Colorado. We found that dam inspections
did not occur within the Division's annual inspection guidelines. We recommended
changes to the dam inspection process that would create proper incentives to
ensure compliant and timely dam inspection.
Team members
Fred Brousseau (Principal -in -Charge), Dan Goncher (Principal Analyst)
Client name
Colorado State Auditor & Legislative Audit Committee
Contact
information
Monica Bowers
Deputy State Auditor
200 E Colfax Avenue
Denver, CO 80203
Phone: (303) 869-2800
Project title
Performance Audit of the City of Watsonville
Date of completion
December 20, 2012
Project description
The objective of this performance audit was to assess risk to the City of
Watsonville's assets and resources due to its policies and internal controls. The
report also assessed the accountability and transparency in City decision -making,
including an analysis of information flow between City management and the City
Council as well as other City policy makers and the public. We determined that the
City lacked adequate reporting processes to inform the City Council and the public
regarding its financial condition. We recommended policies to require regular
reporting on City's financial condition in a manner suitable for public consumption
and that the City Council fund an audit function to ensure the City's financial
condition is appropriately vetted.
Team members
Fred Brousseau (Principal -in -Charge), Dan Goncher (Principal Analyst)
Client name
Civil Grand Jury of Santa Cruz County, FY 2012-13
Contact
information
Lise Peterson
Santa Cruz County Civil Grand Gury Foreperson, 2012-2013
(831) 334-0207
Harvey M. Rose Associates, LLC
16
Section 4: Relevant Projects
Other Relevant Projects
The section below includes comparable projects that were completed previous to 2012 or consisted of
staff members that are not part of the proposed audit team.
Project title
Investigation of Alleged Board Intrusion
Date of
completion
February 24, 2010
Project
description
The Los Angeles County Auditor -Controller's Office retained Harvey M. Rose
Associates, LLC to conduct an Investigation of Alleged Intrusion by Board of
Supervisors Offices in the operations of the Department of Regional Planning.
The objective of this investigation was to review Board interactions and to
determine, through review of documentation and interviews, if members of the
Board of Supervisors, their deputies, or other staff were giving orders to or
instructing the former Director of Regional Planning or his staff on department
operations, as compared to seeking information or assistance.
Team members
Fred Brousseau (Principal -in -Charge), Dan Goncher (Senior Analyst)
Client name
Los Angeles County Auditor -Controller
Contact
information
Guy Zelenski
Auditor -Controller's Office
County of Los Angeles
500 West Temple St., Room 410
Los Angeles, CA 90012
Phone: (213) 974-8301
Project title
Santa Clara County Whistleblower Program
Date of
completion
An ongoing annual review
Project
description
Harvey M. Rose Associates, LLC, in its capacity as contract Management Auditor
for the Santa Clara Board of Supervisors, partners with Santa Clara County
Counsel to investigate aspects of whistleblower complaints. We conduct
confidential, independent investigations and issue confidential reports to
Counsel with our findings. Counsel then determines whether the findings
constitute a violation of law or not. Allegations we have investigated and
sustained include false medical billings, fraudulent vendor invoices in collusion
with County personnel, vendor conflicts of interest and improper use of
donations.
Team members
Cheryl Solov (Principal -in -Charge)
Client name
Santa Clara County Board of Supervisors
Contact
information
Supervisor Joe Simitian
Chair of the Finance and Government Operations Committee
70 West Hedding Street, East Wing, 10th Floor
San Jose, CA 95110
Phone: (408) 299-5050
Email: supervisor.simitian@bos.sccgov.org
Harvey M. Rose Associates, LLC
17
Section 4: Relevant Projects
Project title
Performance Audit of the San Francisco Fire Department's Administrative
Staffing and Strategic Planning
Date of
completion
June 15, 2015
Project
description
The purpose of the performance audit was to evaluate the San Francisco Fire
Department's management of its administrative functions and long term
planning. The audit found that the Department's organizational structure was
not well -suited to administrative functions. To work within the existing
organizational structure and resources, we recommended processes to select
qualified uniform staff for positions in the Administration Division and enhanced
training of these staff. We also recommended changes to job descriptions,
promotion policies, and capital planning and procurement processes.
Team members
Severin Campbell (partner -in -charge)
Client name
San Francisco Board of Supervisors, Government Audit and Oversight
Committee
Contact
information
Conor Johnston, Legislative Aide to President of the Board of Supervisors,
London Breed
1 Dr. Carlton B Goodlett Place
San Francisco, CA 94102
Phone: (415) 554-7630
Email: conor.johnston@sfgov.org
Project title
Annual review of the County Executive's Proposed Budget for County
Departments Including the Clerk -Recorder's Office, the Assessor's Office, the
Registrar of Voters, and the Board of Supervisors
Date of
completion
An ongoing annual review since 1980 (most recent occurred in June 2016)
Project
description
Harvey M. Rose Associates, LLC, in its capacity as contract Management Auditor
for the Santa Clara Board of Supervisors, provides an annual independent
assessment of the County Executive's proposed annual budget for the County of
Santa Clara. This review includes an analysis of the proposed budgets for the
Clerk and Recorder's Office, the Assessor's Office, the Registrar of Voters, and
the Board of Supervisors. Our budget review includes analysis of organizational
structure, staffing requirements, and alignment of spending activity with County
and departmental priorities.
Team members
Cheryl Solov (Principal -in -Charge)
Client name
Santa Clara County Board of Supervisors
Contact
information
Supervisor Joe Simitian
Chair of the Finance and Government Operations Committee
70 West Hedding Street, East Wing, 10th Floor
San Jose, CA 95110
Phone: (408) 299-5050
Email: su'ervisor.simitian ' bos.sccgov.or:
Harvey M. Rose Associates, LLC
18
Section 4: Relevant Projects
Project title
Performance Audit of the Santa Clara County Registrar of Voters
Date of
completion
February 2016 (expected)
Project
description
In our capacity as the Management Auditor of the County of Santa Clara, we
conducted a performance audit of the Registrar of Voters to examine the
operations, management practices and finances of the Office, and to identify
opportunities to increase efficiency, effectiveness and economy. Our
recommendations focused on: improving performance by election officers at
polling places, accelerating the return of ballots from polling places to the
Registrar for counting, optimizing election precinct size, optimizing voter
registration rolls, and expanding the use of voting -by -mail.
Team members
Jeff Segol (Principal Analyst), Julia Nagle (Senior Analyst)
Client name
Santa Clara County Board of Supervisors
Contact
information
Supervisor Joe Simitian
Chair of the Finance and Government Operations Committee
70 West Hedding Street, East Wing, 10th Floor
San Jose, CA 95110
Phone: (408) 299-5050
Email: supervisor.simitian@bos.sccgov.org
Project title
Fiscal and Policy Review of Legislation Related to Maintaining and Replacing
Legacy Voting Systems
Date of
completion
An ongoing annual review since 2007
Project
description
Harvey M. Rose Associates, LLC, in its capacity as contract Budget and
Legislative Analyst to the San Francisco Board of Supervisors, has provided that
body an ongoing assessment of legislation related to maintaining and replacing
the City and County's legacy voting system. This includes reviews of contracts
and contract amendments, spending plans, viability of replacement systems,
and results from requests for proposals for replacement systems.
Team members
Severin Campbell (Partner -in -Charge)
Client name
San Francisco Board of Supervisors, Budget and Finance Committee
Contact
information
Jess Montejano, Legislative Aide to Supervisor Mark Farrell
1 Dr. Carlton B Goodlett Place
San Francisco, CA 94102
Phone: (415) 554-5144
Email: jess.montejano@sfgov.org
Harvey M. Rose Associates, LLC
19
Section 5: Anticipated Schedule to Conduct Reviews
The work plan below summarizes the tasks to complete the scope of work and maps those tasks over time, with an
expected project completion date of June 30, 2017.
Task # &
Title
Task Summary
Hours
Schedule
1: Entrance
Conference
Hold entrance conference with County Commissioners and Clerk &
Recorder
6
Early
March
2: Collect &
Analyze Core
Department
Information
Collect core documentation related to Commissioner and Clerk &
Recorder activities and management practices. These will include
County and departmental internal communications, policies and
procedures, workflow processes, organizational charts, job descriptions,
and strategic planning documents. In addition, we will obtain and review
data related to staff turnover, promotions, external hiring, budget
allocations, and service requirements. The scope of the information
collection will encompass the current tenure of the Clerk & Recorder as
well as the final year of her predecessor (2014 -present).
38
Mid -
March
3: Interview
Managers
Interview Weld County management staff including, but not limited to:
(a) the five County Commissioners; (b) six department heads that the
Commission oversees; (c) the Clerk & Recorder; and the fivethree
48
Late
March
(d)
managers within the Clerk & Recorders department for
Recording/Administration, Elections, and Motor Vehicles. We would also
conduct focus groups with other County staff that work directly with the
County Commissioners. Further, we would conduct focus groups of the Clerk
& Recorder staff.
4: Survey
Staff
Based on review of core information and gleaned from management
interviews, the project team will develop a survey to collect information
from Commissioner and Clerk & Recorder staff. An estimated 58 staff
members from those two departments will be surveyed electronically,
including part-time staff. Additional County staff may be surveyed at the
request of the County Council. In addition, the project team would make
themselves available for any County employee to provide anonymous
input and documentation of activity within the scope of this assessment.
44
Early
April
5: Refine
Project
Scope;
Results' to
County
Council
Based on information received during our review of core documents,
management interviews, and survey of staff, the work plan will be
revised to focus project tasks on the areas of greatest risk to the County
and of interest to the County Council. We would work with the Council
to refine the topic areas for further analysis and finalize the work plan.
4
Early
April
6: Follow Up
Interviews
and
Information
Requests
Based on the final work plan established in coordination with the County
Council, we would conduct additional interviews with management and
staff and obtain additional documentation and data to further develop
our findings.
26
Mid -
April
Harvey M. Rose Associates, LW
20
Formatted Table
Formatted Table
Section 5: Anticipated Schedule to Conduct Reviews
Task # &
Title
Task Summary
Hours
Schedule
7: Collect
Best
Practices,
Industry
Standards
for
Comparison
Collect best practices related to the management practices in the Clerk
& Recorder's Office and the County Commission in comparably sized
jurisdictions in Colorado and neighboring states as appropriate. In
addition, we would obtain professional standards and performance
benchmarks and compare collected benchmark and best practices
information with the current practices In Weld County.
32
Lat
e
April
8:
Performance
Review
Determine effectiveness of management practices in both offices using
information provided by departments, from interviews and surveys of
staff, and collected from the best practices survey. We would review
Commission processes and procedures for compliance with applicable
laws and regulations, identify strengths and weaknesses of current
organizational structure, and review a sample of administrative and
executive decisions. We would assess whether management practices
currently In place in both offices diverge from best practice and develop
recommendations to improve effectiveness of both organizations.
66
Late
April -
Early
May
9: Prepare
Draft Report
Prepare draft report for the County Council that would integrate
evidence -based findings from the performance review with appropriate
recommendations. The report would include an implementation plan for
improvement for the immediate, short, medium, and long term. After a
be
60
Mid -May
draft review with the County Council, the draft report shah _could
providedto the County Commissioner and Clerk & Recorder to obtain e... --
feedback and allow an opportunity to correct any factual discrepancies. 7
if
by the-Geunty Council.
requested
10:
Finalize,
Transmit, &
Present
Revise and finalize the draft report based on feedback from the County
Commissioners and Clerk & Recorder as appropriate. Prepare and
present report to County Council.
24
Mid -
June -
Late
June
11:
Status
Provide regular status reports detailing the activities and progress of the
performance review.
20
Ongoing
Total Project Hours
368
21
Harvey M. Hose Associates, LLC
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Section 5: Anticipated Schedule to Conduct Reviews
The work plan below summarizes the tasks to complete the scope of work and maps those tasks over time, with an
expected project completion date of June 30, 2017.
Task # &
Title
Task Summary
Hours
Schedule
1: Entrap a
Conferenc
Hold entrance conference with County Commissioners and Clerk &
Recorder
6
Early
March
2: Collect &
Analyze Core
Department
Information
Collect core documentation related to Commissioner and Clerk &
ecorder activities and management practices. These will include
Co ty and departmental internal communications, policies and
proce ures, workflow processes, organizational charts, job descri ions,
and stra gic planning documents. In addition, we will obtain a review
data relate to staff turnover, promotions, external hiring, bu get
allocations, a service requirements. The scope of the info ation
collection will e ompass the current tenure of the Clerk Recorder as
well as the final y r of her predecessor (2014 -present
38
Mid
March
3: Interview
Managers
Interview Weld Cou management staff Including, t not limited to:
(a) the five County Co missioners; (b) six departm .t heads that the
Commission oversees; ( the Clerk & Recorder; d (d) the three
managers within the Cler Recorders depart ent for
Recording/Administration, ctions, and Mo or Vehicles. We would also
conduct focus groups with oth r County st f that work directly with the
County Commissioners.
48
Late
March
4: Survey
Staff
Based on review of core informatio d gleaned from management
interviews, the project team will de a survey to collect information
from Commissioner and Clerk & R corde staff. An estimated 58 staff
members from those two depa ents wil e surveyed electronically,
including part-time staff. Addi onal County s ff may be surveyed at the
request of the County Coun ' . In addition, the oject team would make
themselves available for a County employee to rovide anonymous
input and documentatio of activity within the scop of this assessment.
44
Early
April
5: Refine
Project
Scope;
Results to
County
Council
Based on information eceived during our review of cor documents,
management interv' ws, and survey of staff, the work pla will be
revised to focus pr ject tasks on the areas of greatest risk to he County
and of interest t the County Council. We would work with th Council
to refine the to is areas for further analysis and finalize the wor Ian.
4
Early
April
6: Follow Up
Interviews
and
Information
Requests
Based on th final work plan established in coordination with the Co ty
Council, w would conduct additional interviews with management an
staff and btain additional documentation and data to further develop
our fin ngs.
26
Mid -
April
Harvey M. Ro3gAssociates, LLC
20
Section 5: Anticipated Schedule to Cond Reviews
Tas # &
TIC
Task Summary
ours
Schedule
7: Collect
Best
Practices,
Industry
Standards
for
Comparison
Collect best practices related to the management practices in the Cle
Recorder's Office and the County Commission in comparably size
ju ' dictions in Colorado and neighboring states as appropriate. I
addi ' n, we would obtain professional standards and perform ce
bench rks and compare collected benchmark and best pra ices
informati with the current practices in Weld County.
32
Late
April
8:
Performance
Review
Determine e tiveness of management practices in bo offices using
information pro ed by departments, from interview and surveys of
staff, and collecte rom the best practices survey, e would review
Commission process and procedures for compli ce with applicable
laws and regulations, I ntify strengths and wea esses of current
organizational structure, nd review a sample administrative and
executive decisions. We w uld assess wheth management practices
currently in place in both of es diverge fro best practice and develop
recommendations to improve ffectivene of both organizations.
66
Late
April -
Early
May
9: Prepare
Draft Report
Prepare draft report for the Cou ty Cou cil that would integrate
evidence -based findings from the erf rmance review with appropriate
recommendations. The report woul nclude an implementation plan for
Improvement for the immediate, s r medium, and long term. After a
draft review with the County Cou il, th draft report could be provided
to the County Commission and rk & Re rder to obtain feedback if
requested by the County Coun I.
60
Mid -May
10: Finalize,
Transmit, &
Present
Report
Revise and finalize the draft eport based on fe back from the County
Commissioners and Clerk Recorder as appropri e. Prepare and
present report to County ouncil.
24
Mid -
June -
Late
June
11: Status
Reporting
Provide regular status r its detailing the activities d progress of the
performance review.
20
Ongoing
To I Project Hours
368
Harvey M. R • e Associates, LLC
21
Section 5: Anticipated Schedule to Conduct Reviews
The timeline for work plan follows below. The expected project start date would be March 1, 2017 with an expected
completion date no later than June 30, 2017.
3/1/2017 3/31/2017 4/30/2017 5/30/2017 6/29/2017
2. Collect & Analyze Core Documentation �®
3. Interview Managers
4. Survey Staff
5. Refine Project Scope & Report Results
6. Follow Up Interviews and Information Requests
7. Collect Best Practices/Industry Standards
8. Performance Review
9. Prepare Draft Report
10. Final Production & Report Presentation
1. Entrance Conference
a
Harvey M. Rose Associates, LLC
22
Section 6: Conflict of Interest Statement
This will confirm that Harvey M. Rose Associates, neither LLC nor any of its staff have conflicts
of interest that would impair the objectivity of its findings for this project.
Harvey M. Rose Associates, LLC
23
Section 7: Cost of Services
Our anticipated costs for the proposed engagement are detailed in the table below, including the total
not -to -exceed cost. Our costs are all inclusive of travel expenses and other work related costs. Unless
other arrangements are made, our policy is to bill monthly in arrears.
Performance Review of the Weld County Clerk & Recorder and Board of Commissioners
Senior
Manager/
Partner -in-
Project
Senior
Task
Description
Task Hours
Charge
Manager
Analyst
1
Entrance Conference
6
2
2
2
2
Collect & Analyze Core Documentation
38
4
10
24
3
Interview Managers
48
4
22
22
4
Survey Staff
44
4
16
24
5
Refine Project Scope & Report Results
4
1
1.5
1.5
Follow Up Interviews and Information
26
2
12
12
6
Requests
Collect Best Practices/Industry Standards for
32
0
8
24
7
Benchmarking
8
Performance Review
66
12
24
30
9
Prepare Draft Report
60
12
24
24
10
Final Production & Report Presentation
24
8
8
8
11
Status Reporting
20
8
8
4
TOTAL
368
57
136
176
HOURLY RATES
$175
$140
$115
TOTAL FEES I
$49,128
$9,975
$18,970
$20,183
Harvey M. Rose Associates, LAC
24
Section 8: Statement of Understanding
This page records Harvey M. Roses Associates, LLC's statement of understanding the terms of this proposal. We
will provide a W-9 if selected as a vendor.
The undersigned, by his or her signature, hereby acknowledges and represents that:
1. The bid proposed herein meets all of the conditions, specifications and special provisions set forth in the
request for proposal for Request No. #B1700059.
2. The quotations set forth herein are exclusive of any federal excise taxes and all other state and
local taxes.
3. He or she is authorized to bind the below -named bidder for the amount shown on the
accompanying proposal sheets.
4. The signed bid submitted, all of the documents of the Request for Proposal contained herein
(including, but not limited to, product specifications and scope of services), and the formal acceptance of
the bid by Weld County, together constitutes a contract, with the contract date being
the date of formal acceptance of the bid by Weld County.
5. Weld County reserves the right to reject any and all bids, to waive any informality in the bids, and to accept
the bid that, in the opinion of the Board of County Commissioners, is to the best interests of Weld County.
The bid(s) may be awarded to more than one vendor.
FIRM Harvey M. Rose Associates, LLC BY Fred Brousseau
(Please print)
BUSINESS
ADDRESS 1390 Market Street. Suite 1150 DATE January 31, 2017
CITY, STATE, ZIP CODE San Francisco, CA 94102
TELEPHONE NO (415) 553-4627 FAX (4151 552-9292 TAX ID # 20-398-1915
SIGNATURE E-MAIL fbrousseauPharvevrose.com
OFFICE OF WELD COUNTY COUNCIL
1150 O STREET
P.O. BOX 758
GREELEY, COLORADO 80632
EMAIL: countycouncil@weldgov.com
PHONE: 970-400-4228
FAX: 970-352-9019
February 14, 2017
TO: Weld County Commissioners
FROM: Weld County Council
SUBJECT: 61700029, Audits of the Weld County Clerk and Recorder's Office and the Weld
County Commissioners
Bids were received and opened on January 31, 2017, for #61700029, audits of the Weld County
Clerk and Recorder's Office and the Weld County Commissioners. Six bids were received.
All of the bid responses were reviewed and narrowed to the final two bids. After careful
consideration, Harvey M. Rose Associates, LLC, offered the most comprehensive proposal with
parameters meeting all objectives and time constraints. Their bid was within budget at $49,128.
Based on our overview, the Weld County Council recommends the County Commissioners
award B1700029, audits of the Clerk and Recorder's Office and County Commissioners, to
Harvey M. Rose Associates, LLC, 1390 Market St., Suite 1150, San Francisco, CA, 94102.
2o/7- D354
Ct DDD7
WELD COUNTY PURCHASING
1150 O Street Room #107, Greeley CO 80631
E-mail: mwalters(W.co.weld.co.us
E-mail: reverettco.weld.co.us
Phone: (970) 356-4000, Ext 4222 or 4223
Fax: (970) 336-7226
DATE OF BID: JANUARY 31, 2017
REQUEST FOR: CONSULTING SERVICES
DEPARTMENT: WELD COUNTY COUNCIL DEPT
BID NO: #B1700029
PRESENT DATE: February 1, 2017
APPROVAL DATE: February 15, 2017
VENDORS
MATRIX CONSULTING GROUP
201 SAN ANTONIO CIRCLE, STE. 148
MOUNTAINVIEW CA 94040
ZCO CONSULTING
1685 S. COLORADO BLVD
UNIT S-191
DENVER CO 80222
DR. STEVE ALBRECHT
PO BOX 3092
MONUMENT CO 80132
HARVEY M. ROSE ASSOCIATES, LLC
1390 MARKET STREET, STE. 1150
SAN FRANCISCO CA 94102
MORNINGSIDE RESEARCH AND CONSULTING INC
2900 W. ANDERSON LN, STE C200
AUSTIN TX 78757
BENJAMIN & WILSON BUSINESS COACHING, LLC
DBA: BUSINESS ENGINEERING CONSORTIUM
1801 18TH AVENUE
GREELEY CO 80631
Dept is reviewing bids at this time.
2Pt7-DO4D
CC coo -7
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