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HomeMy WebLinkAboutbocc.con.123.2017 Pitkin County ("' 'I ' Contract Cover Sheet Please complete the Contract Cover Sheet when the contract Is completed and signed by Contractor/Vendor and Pitkin County Project Lead Return all Contract Cover Sheets and Contracts/Change Orders/Amendments to Procurement (procurement help dpitkincounh coin) Am contracts $50,000 and over will be routed for signatures to County Manager and Attorney's Office (if required) by Procurement 8 Contracts Manager Contract Information Contract Number 123 2017 Project Name Year-End Processes and Accounting Services _ Contractor CBS Accounting. LLC Budget Line Item 001.16 00000.82000 Additional Budget Line _ $ Item(s) $ (Please fully allocate New $ Contract Total $ Contract Start Date 4/1/2017 Contract End Date 5/312017 _ Automatic Renewal Yes ❑ No® If Construction: Retainage Yes $ or NoZ If this is a new contractor,please request they complete and submit to Finance a W-9 Form. Contact Information: Department Finance Project Manager Ann Doggers Project Manager I (970)920-5225 Phone Provide a brief description of the contract: Consultant to assist with year-end accounting procedures Contract Value Summary: Original Contract Amount S 10,000.00 Previous Change Order/Amendment Amount of applicable) _ $0.00 This Change order/Amendment amount(it applicable) S 0.00 New Contract Total _ _ _ _ S 10,000.00 Procurement Method: None ❑ Intonnal❑ Formal ❑ Sole Source ® Eusrgencs 0 Contract Renewal ❑ Contract Type: Services/Maintenance ® Construction ❑ Goods, Equipment, Supplies 0 Change Order/Amendment ❑ Other,please explain ❑ Click here to enter text NOTE: CLERKS OFFICE WILL KEEP ORIGINAL DOCUMENTS IN COMPLIANCE WITH COLORADO STATE ARCHIVES RE FAINAGE SCHEDULE. ALL ATTACHMENTS MUST BE WITH THIS CHECKLIST. Contract g Rev N'25 I I jaa Budget Line Item# PITKIN COUNTY SOLE SOURCE PROCUREMENT JUSTIFICATION REQUEST "10: Jon Peacock, County Manager DATE: 3/13/17 FROM: Ann Dnggers. Finance Proposed Contractor CRS Accounting LLC Product/Service: Accounting Services Estimate expenditure for the above construction service- $ 10,000 This form is required, and is to aid you, in documenting your Sole Source request. Complete all portions of this form. This purchase is clearly and legitimately limited to a Single or Sole Source. (Examples: original manufacturer, no regional distributor, standardization etch Explain: Finance Department needs to complete tear-end work papers and reconciliations for the audit which is scheduled for Alai 15 This deadline must be met in order to comply with state regulations regarding audits Due to a key stall person (Susan Atwood) being out unexpectedly on FAILA it is critical we hire someone who can perform the work with a high level of expertise and knowledge with minimum oversight in Just a Jew weeks. Christine Stouder (CBS Accounting. LLC) is familiar with governmental accounting. Eden software, and Pitkin County having performed s/mil/Jr work here before and is available to perform the work needed beginning April 10 It is not expected that the cost of these services in the short term will exceed$10,000, however, due to her expertise and knowledge' we had also planned on hiring her in the latter halt o/201 for project work associated with preparation for the new ERP to he implemented in 2018 We arc recommending her due to her experience in marking for Town of Fad Eagle Cowin. Garfield County and City of Aspen on identical projects. as w ell as/or the reasons mentioned above 1 Contract# Rev 25111ua Budget Line Item# The undersigned requests that Pitkin County waive other procurement requirements and recognize this transaction as a sole source exception to the Pitkin County Procurement Code. 3-13 -17 Department Head Date Secti ea" Date Approved V Denied Reason for Denial: sit ,fon Peacock, County Manager — Date Note: Every effort should be made to obtain a written contract when othenvise required under County' procedures. When a contract is obtained, complete the Clerk's check list and send the original signed contract with coversheet to clerk's office for archiving. Contract#123 2017 Remvon 01/13/2017gm Budget Line (tern#001 16 00000 82000 9çJTR11 COUNTY • PITKIN COUNTY CONTRACT FOR PROVISION OF SERVICES YEAR-END PROCESSES AND ACCOUNTING SERVICES THIS CONTRACT, made March 28, 2017 by and between the Board of County Commissioners of Pitkin County. Colorado, 123 Emma Rd., Suite #106, Basalt, CO 81621, (hereinafter called the "County') and CBS Accounting. LLC. 303 East Dakota Drive, Grand Junction, CO 81507 (hereinafter called the "Contractor') to perform the following work: Year- End Processes and Accounting Services ("Project") I. Term of Contract The term of this contract is from April 1, 2017 to May 31, 2017. At the expiration of the initial term, the contract may be extended for an additional term of one (I ) year by the express written consent of both parties. 11. Contractor's Obligations. Contractor shall provide accounting. production of work papers and completion of year-end processes for the year ending December 31, 2016. Contractor shall complete other tasks as assigned by the County Representative. All work shall be completed and reimbursable expenses paid per the fee schedule below: Hourly Rate: $160 00 per hour Meals per diem $51 00 per day Mileage Expense: $0.535 per mile Lodging Expenses: Cost III. Compensation and Expenses, Invoicing, Payment and Offset. The County shall compensate Contractor for its services in accordance with the Project Budget and Schedule set out in Section IL It is expressly understood and agreed that in no event will the total compensation and reimbursement to he paid hereunder exceed the sum of ten thousand dollars and zero cents ($10,000.00) for all services rendered. By contract or amendment. the County and Contractor may reallocate the budget among project tasks if the total budget amount remains unchanged. Contractor shall Invoice for the project monthly based on hours worked, with payment expected within thirty(30)days of invoice Any payment by the County may he offset by any amount the Contractor ones the County for any reason. IV. County's Exclusive Ownership of Work Product. Drawings, specifications, guidelines and other documents prepared by Contractor in connection with this contract shall be the property of the County. I lowever, Contractor shall have the right to utilize such documents in the course of its marketing,professional presentations,and for other 1 Contract#123 2017 Rem,mn 02/13/2017gm Budget Line Iter#001.16 00000.82000 business purposes. Contractor assigns to County the copyrights to all work prepared, developed, or created pursuant to this contract, including the right to: I I reproduce the work, 2) prepare derivative works: 3) distribute copies to the public; 4) perform the works publicly; and 5)to display the work publicly Contractor shall have right to use materials produced in the course of this contract for marketing purposes and professional presentations, articles, speeches and other business purposes. V Pitkin County's Obligations. Pitkin County shall administer this contract through a County Representative. Ann Diggers, Finance Director will manage the project as the County's Representative. In the event that Ann Driggcrs is not available, Liz Woods, Controller shall assume the County Representative's duties. Hie services provided and products delivered by the Contractor under this contract will he subject to review by the County's Representatives, or a designee, for compliance with Contractor's obligations prior to final payment. VI. fermmation Prior to Expiration of Contract Term. The County has the right to terminate this contract,with or without cause, by giving written notice to the Contractor of such termination and specifying the effective date thereof. Such notice shall be giv en at least ten (10) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies and reports prepared by the Contractor pursuant to this contract shall become the County's property. Contractor shall he entitled to receive compensation in accordance with the contract for am satisfactory work completed pursuant to the terms of this contract prior to the date of termination. Notwithstanding the above. Contractor shall not he relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the Contractor. VII. Independent Contractor Status. A. The parties to this contract intend that the relationship between them contemplated by the contract is that of independent contractor. Contractor, and any agent, employee. or servant of Contractor shall not he deemed to he an employee, agent, or servant of Pitkin County. B. Contractor is not required to offer his services exclusively to Pitkin County under this contract. Contractor may choose to work for other individuals or entities during the term of this contract, provided that the basic services and deliverable products required under this contract are submitted in the manner and on the schedule defined under this contract. C. Contractor warrants that all work produced will conform to all applicable industry standard of care, skill and diligence in the performance of Contractor's obligations under this contract. D Contractor shall not attempt to oversee or supervise the work or actions of any Pitkin County employee, servant or agent in the course of completing work under this contract. 2 Contract#123 2017 RPmvon 02/13/2017km Budget Line Item#001 16.00000.82000 F. Contractor is not entitled to any Workers' Compensation benefits through Pitkin County and is responsible for payment of any federal, state.FICA and other income taxes. VIII. Assignability. This contract is not assignable by either party. Any use of subcontractors by the Contractor for performance of this contract must he accepted in writing by the County. IX. Severability. In the es ent that any provision of this contract shall be held to be ins alid or unenforceable, the remaining provisions of this contract shall remain valid and binding upon the parties hereto. X. Integration and Modification. A This contract represents the entire and integrated contract between the County and the Contractor and supersedes all prior negotiations, representations, or contract, either written or oral This contract may he amended only by written contract signed by both the County and the Contractor. B. The County may,from time to time, request changes in the scope of services of the Contractor to be performed hereunder. Such changes, including the increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon between the County and the Contractor, shall be in writing and upon execution shall become part of this contract XL Indemnity. A The Contractor agrees to indemnify, hold harmless and,not excluding the County's right to participate, defend the County, its subsidiary, parent, associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents, volunteers, and any jurisdiction or agency issuing permits for any work included in the project, hereinafter referred to as indemnitee, from all suits and claims, including attorney's fees and cost of litigation, actions, loss, damage, expense, cost or claims of any character or any nature 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 Contractor to conform to any statutes, ordinances, regulation, law or court decree It is agreed that the Contractor will he responsible for primary loss ins estigation, defense and judgment costs where this contract of indemnity applies. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the County its subsidiary, parent. associated and/or affiliated entities, successors, or assigns, its elected officials, trustees, employees, agents,and volunteers for losses arising from the work perfonned by the Contractor for the County. B. The Contractor further shall investigate, process, respond to, adjust, provide defense for and defend, pay or settle all claims, demands, or lawsuits related hereto at its sole 3 Contract#123 2017 Revision 02/13/2017kim Budget Line Item#001 16.00000 82000 expense and shall bear all other costs and expenses related thereto, even if the claim, demand or lawsuit is groundless, false or fraudulent. XII. Exemptions and Preferences All purchases of construction or building or any other materials for this contract shall not include Federal Excise Faxes or Colorado State or local sales or use taxes. Pitkin County is exempt from such taxes under registration numbers 98-02624 and 84-78000-5k. XIII. Records. The Contractor shall maintain comprehensive, complete and accurate hooks, records, and documents concerning its performance relating to this contract for a period of three (3) years after final payment under the contract and the County shall have the right within the three (3) year period to inspect and audit these hooks, records and documents. upon demand, in a reasonable manner and at reasonable times, for the purpose of determining, by accepted accounting and auditing standards, compliance with all provisions of the contract and applicable law. XIV. Contract Made in Colorado. The parties agree that this contract was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. XV. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this contract, the substantially prevailing party shall he entitled to its costs and reasonable attorney's fees. XVI. Governmental Immunity. Contractor agrees and understands that Pitkin County is relying on and does not waive, by any provision of this contract, the monetary limitations or terms (presently $150,000 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Govemmental Immunity Act 24-10-101. et.sec., C.R.S , as from time to time amended, or otherwise available to Pitkin County or any of its officers, agents or employees. Further, nothing in this contract shall be construed or interpreted to require or pros ide for indemnification of the Contractor by the County for any injury to any person or any property damage whatsoever which is caused by the negligence or other misconduct of the County or its agent or employees. XVII. Current Year Obligations.The parties acknowledge and agree that any payments provided for hereunder or requirements for future appropriations shall constitute only currently budgeted expenditures of Pitkin County. Pitkin County's obligations under this contract are subject to Pitkin County's annual right to budget and appropriate the sums necessary to provide the services set forth herein. No provisions of the contract shall constitute a mandator charge or requirement in any ensuing fiscal year beyond the then current fiscal year of Pitkin County. No provision of the contract shall be construed or interpreted as creating a multiple-fiscal year direct or indirect debt or other 4 Contract#123 2017 Revision 02/13/2017hjm Budget Line Item N 00116 00000.82000 financial obligation of Pitkin County within the meaning of any constitutional or statutory debt limitation. This contract shall not directly or indirectly obligate Pitkin County to make any payments beyond those appropriated for Pitkin County's then current fiscal year.No provisions of this contract shall he construed to pledge or create a lien on any class or source of Pitkin County's moneys, nor shall any provision of this contract restrict the future issuance of Pitkin County's bonds or any'obligations payable from any class or source of Pitkin County's money. XVIII. Notice. Any notice required or permitted under this Agreement shall be in writing and shall be hand-delivered or sent by registered or certified regular marl. postage pre- paid to the addresses of the parties as follows. Each party by notice sent under this paragraph may change the address to which future notices should be sent. Electronic delisery of notices shall also he deemed sufficient and considered delivered upon receipt of confirmation of delivery on the part of the sender. To Pitkin County: with copies to: Ann Driggers Pitkin County Attorney's Office 123 Emma Rd., Suite 106 123 Emma Rd., Suite #204 Basalt, CO 81621 Basalt, Colorado 81621 Email Ann.DriggersdriPrtkinCounty.com Email: Attorneydrpitkmcounty.com To Contractor: CBS Accounting, LLC 303 Fast Dakota Drive Grand Junction, CO 81507 Phone: ) - Email: cbsaccountmgrgibresnan.net XIX. Public Contracts for Sen-ices and Public Contracts with Natural Persons. In conformance with the provisions of C.R.S. §§ 8-17 5-101, et .seq , as amended and CR S. §§ 24-76.5-l01, et seq , as amended: A. PUBLIC CONTRACTS FOR SERVICES. §§8-17.5-101, et seq. C.R.S. INot applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Contract, through participation in the E-Verify Program established under Pub. L 104-208 or the State verification program established pursuant to §8-17.5-102(511e), C.R S., Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract or enter into a contract with a Subcontractor that fails to certify to Contractor 5 Contract p 123 2017 aws,on 07/1I/2017kim Budget Line Item#00116 00000.82000 that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor (1) shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Contract is being performed, (ii) shall notify the Subcontractor and the contracting State agency within 3 days if Contractor has actual knowledge that a Subcontractor is employing or contracting with an illegal alien for work under this Contract, (iii) shall terminate the subcontract if a Subcontractor does not stop employing or contracting with the illegal alien within 3 days of receiving the notice, and (iv) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to §8-17.5-10215), C.R.S., by the Colorado Department of Labor and Employment If Contractor participates in the State program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Contractor fails to comply with an) requirement of this provision or §§8-17.5-101 et ,seg , C.R S.. the contracting State agency, institution of higher education or political subdivision may terminate this Contract for breach and, if so terminated. Contractor shall he liable for damages. B. PUBLIC CONTRACTS WITH NATURAL PERSONS. §§24-76.5-101,et seq., C.R.S. Contractor. if a natural person 18 years of age or older,hereby swears and affirms under penalty of perjury that he or she (i) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (ii) shall comply with the provisions of §§24- 76 5-101 et seq. , C.R.S., and (iii) has produced one form of identification required by §24-76.5-103. C R S. prior to the Effective Date of this Contract 6 Contract#123 2017 Revision 02/13/2017k m Budget Line Item#001.16.00000 82000 IN WITNESS WHEREOF,the parties have executed this Contract as of the date first set out herein aboNe. CBS Accounting, LLC ii.t li L[ C -A )117 Signature t Date [r IL_ Printed Name Title PITKIN COUNTY, COLORADO RECOMMENDED FOR APPROVAL Ann Drigters Date 7