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HomeMy WebLinkAboutAgreements/Contracts - BOCCAGREEMENT FOR CONSULTANT SERVICES BETWEEN GRANT COUNTY AND MG CONSULTING SERVICES LLC 1. Parties 1.1 This Agreement for Consultant Services ("Agreement") is entered into by and between Grant County, a Washington municipal corporation (hereinafter the "Organization"), and MG Consulting Services LLC (hereinafter "Consultant"). The Organization and the Consultant are each a Party and may be collectively referred to as the Parties. 2. Recitals 2.1 The Organization desires to contract with the Consultant to perform certain services for the Organization, and the Consultant desires to perform the services required by the Organization, in accordance with the terms and conditions of this Agreement. 2.2 The Consultant represents that it is qualified and available to perform such services for the Organization. THEREFORE, IN CONSIDERATION of the mutual benefits of such performance and in consideration of the terms and conditions specified below, the Parties agree as follows: 3. Scope of Services 3.1 The Consultant shall furnish personnel, labor, materials, and supplies necessary to perform the Scope of Services attached and incorporated as Exhibit A ("Services"). The Consultant shall not modify in any way the scope or schedule of Services without the prior written approval of the Organization. 3.2 If at any point during the duration of the agreement the Organization requests additional services or work to be performed that are considered outside of the Scope of Services of Exhibit A, the Consultant will inform the Organization of any additional charges that may be incurred to conduct the newly requested services/work. 3.3 The Consultant warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, as applicable. The Consultant shall perform its work in accordance with the requirements of this Agreement and pursuant to the standards of professional care, skill, diligence, and competence as MG Consulting Services LLC Professional Services Contract Page 1 of are normally exercised by other members and/or firms of the profession in good standing working under the same or similar conditions and circumstances and in similar communities as the Services provided by the Consultant under this Agreement. The Consultant shall be responsible for the professional standards, performance, and actions of all persons and firms performing work pursuant to this Agreement on behalf of the Consultant. 4. Term 4.1 The term of this Agreement shall commence on the Effective Date and shall remain in effect through December 31, 2024, unless otherwise terminated pursuant to this Agreement. 5. Post -termination obligations 5.1 Upon any expiration or termination of this Agreement, except as otherwise provided in this Agreement: 5.1.1 The Consultant shall provide to the Organization all finished and unfinished Work Product, as defined in Section 8, in a file format acceptable to the Organization that is capable of transiting the Work Product onto the Organization's system. 5.1.2 The Consultant shall provide any reasonable and necessary support to the Organization or its consultants to facilitate the transition at the consultant's standard hourly Services rate, and shall be recorded as an itemized invoice when presented to the Organization for payment. 5.2 This Section 5 shall survive expiration or termination of this Agreement. 6. Comaensation 6.1 The Consultant shall be paid for travel and work on the basis of time actually expended and out-of-pocket expenses in accordance with the fee schedule attached and incorporated as Exhibit B ("Fee Schedule"). The Consultant shall not amend any rates, expenses, orfees included in the Fee Schedule in anyway without priorwritten approval from the Organization. 6.2 The Consultant shall periodically invoice the Organization for the compensation amounts set forth in Exhibit B. Invoices will be issued via email twice a month on the 1st and 16t" of each month. Payment for the amount stated on the invoice shall be due thirty (30) days from the receipt ofthe invoice bythe Organization and amounts not paid when due shall accrue interest at the rate of one percent (1%) per day. MG Consulting Services LLC Professional Services Contract Page 2 of 7 7. Independent Contractor 7.1 The Consultant is an independent agency with respect to the Services provided under this Agreement. Nothing in this Agreement shall create the relationship of employer and employee between the Parties. Neither the Consultant nor any employee, subcontractor or agent of the Consultant shall be entitled to any benefits accorded Organization employees by virtue of the Services provided under this Agreement. The Organization shall not be responsible for (i) withholding or otherwise deducting federalincome tax orsocial security, (ii) contributing to the state industrial insurance program, or (iii) otherwise assuming the duties of an employer with respect to the Consultant, its employees, subcontractors or agents. 8. Ownership and Use of Documents 8.1 All documents, drawings, specifications, designs, computer programs, software, reports, and other work product (collectively "Work Product") developed or produced by the Consultant for the organization in connection with the Services shall be owned by the organization. The Consultant shall retain the copyright (including the right of reuse, provided there shall be no reference to or identification of the organization) to all materials and documents prepared by the Consultant for the Work Product, whether or not the Work Product is completed. The Consultant grants to the organization a perpetual, non-exclusive, irrevocable, unlimited, royalty - free license to use, reuse, copy, and distribute every document, drawing, and all Work Product prepared by the Consultant for the Organization under this Agreement. 8.2 This Section 8 shall survive expiration or termination of this Agreement. 9. Record Keeping, Reporting, and Confidentiality 9.1 While performing the Services under this agreement, the Consultant may come across, or be given, confidential, protected, or privileged information (collectively "Confidential Information"). This information may include records or documents that would exempt this information from disclosure under the state or federal public record laws. The Consultant shall not disclose Confidential Information without the Organization's prior written consent. The Consultant shall treat all Confidential Information with the same degree of care as the Consultant treats its own confidential information which, in no event, will be less than reasonable care. 9.2 Upon conclusion of the Agreement, all original documentation and records will be transferred to the Organization where they shall be maintained in accordance with the Washington state Records Retention requirements. MG Consulting Services LLC Professional Services Contract Page 3 of 7 9.4 To the extent it is determined that records held by the Consultant identified in Section 9.1 are subject to the Washington Public Records Act (RCW 42.56), the Consultant shall, upon request of the Organization, promptly deliver such records to the Organization for the purpose of responding to a public records request. 9.5 This section shall survive expiration or termination of this Agreement. 10. Insurance 10.1 Contractor shall at all times during the term of this Contract, maintain in good standing the insurance described in subsection 10.2. Before rendering any services under this Contract, Contractor shall furnish Owner with proof of insurance in accordance with subsection 10.2; such proof of insurance shall be incorporated into this Contract as Exhibit C. 10.2 Type of coverage (may include umbrella): 10.2.1 Commercial General Li Occurrence Limit $2,000,000 Products and Completed Operations Aggregate $2,000,000 General Aggregate $2,000,000 10.2.2 Workman's Compensation Washington Statutory Employers Liability 10.3 The Organization shall be named as an additional insured on the required general liability insurance policy. 10.4 Contractor is required to notify the Organization if any policy is to be canceled, materially changed, or renewed, at least thirty (30) days prior. 11. Termination 12.1 The Consultant or the Organization may terminate this Agreement with or without cause upon thirty (30) days written notice to the Consultant and shall paythe Consultant for the Services then completed and accepted by the Organization. 12. Notices 13.1 Any notices required to be given under this Agreement shall be in writing and MG Consulting Services LLC Professional Services Contract Page 4 of 7 directed to the Party at the address below. Notice shalt be considered issued and effective upon receipt thereof by the addressee Party. Barbara J. Vasquez, Clerk of the Megan Gregor, Owner BoardGrant County Commissioners MG Consulting Services LLC Office 22715 SE 275th St. 35 C Street NW Maple Valley, WA 98038 Ephrata, WA 98823 accounting@megangregorconsuLting.com commissioners@grantcountywa.gov 509-754-2011 ext 2901 13. General Provisions 13.1 Modification'. No waiver, alteration, or modification of any provision of this .Agreement shalt be binding unless in writing and signed by a duty authorized representative of the Organization and the Consultant. 13.2 Taxes. The Consultant shalt be solely responsible for the payment of any and all applicable taxes related to the Services provided under this Agreement; if such taxes are required to be passed through to the Organization by Law, the same shalt be duty itemized on timely billings submitted to the Organization by the Consultant. 13.3 Entire, Integrated Agreement. This negotiated Agreement and its exhibits are an integrated agreement and represent the entire agreement between the Parties. This Agreement supersedes all prior negotiations, representations, and agreements whether written or oral, and may be amended only by written agreement of the Parties. 13.4 Assignment. The Consultant may not assignor subcontract any portion of the Services to be provided under this Agreement without the express prior written consent of the Organization. 13.5 Conflict of Interest. The Consultant represents to the Organization that it has no conflict of interest in performing any of the services set forth in Exhibit A. In the event that the Consultant is asked to perform services for a project with which it may have a conflict, Consultant will immediately disclose such conflict to the Organization and agrees to take action to resolve the conflict. 13.6 Non -Waiver. A waiver of any breach by either Party shalt not constitute a waiver of any subsequent breach. 13.7 Third Party Beneficiaries. This Agreement is solelyforthe conveniences of the Parties and there are no third -party beneficiaries to this Agreement. MG Consulting Services LLC Professional Services Contract Page 5 of 7 13.8 Choice of Law. All questions concerning the validity, interpretation, performance, and enforcement of this Agreement shalt be governed by the laws of the Washington. 13.9 Compliance with Laws. The Consultant shall comply with all applicable federal, state, and Local Laws and regulations in performing this Agreement. 13.10 Severability. Each and every provision of this Agreement shalt be deemed to be severable. The invalidity or unenforceabiLity of any particular provision of this Agreement shalt not affect the other provisions hereof and the Agreement shalt be construed in all respects as if such invalid or unenforceable provision were not a part of this Agreement. 13.11 Attorney's Fees. -In any action arising out of or relating to this Agreement, consultant and organization will be responsible for their own attorney fees. 13.12 Attachments. Exhibit A and Exhibit B are attached and incorporated into this Agreement. Exhibit C may be attached in accordance with Section 10 above. 13.13 Authorized Signatures. By their signatures below, each Party represents that they are fully authorized to sign for and on behalf of the named principal above. 13.14.Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original and all of which together will constitute one agreement. The counterparts of this Agreement may be executed and delivered by electronic means by any of the Parties to any other party and the receiving party may rely on the receipt of such document so executed and delivered as if the original had been received. 13.15 Effective Date. This Agreement is effective on the latest date this Agreement is executed by both Parties. WHEREFORE, the Parties agree to be bound by the terms and conditions set forth above. GRANT COUNTY arbara J. Vq Z, C k of the Board Date CONSULTANT Megan Gregor, Owner 8/22/24 Date MG Consulting Services LLC Professional Services Contract Page 6 of 7 ATTACHMENTS: EXHIBIT A: Scope of Services EXHIBIT B: Compensation Schedule EXHIBIT C: Insurance Verification MG Consulting Services LLC Professional Services Contract Page 7 of 7 AGREEMENT FOR CONSULTANT SERVICES BETWEEN GRANT COUNTY AND MG CONSULTING SERVICES LLC Exhibit B: Compensation Schedule Consulting Costs Off -Site Consulting Services $175/hr, upto3 hours estimated and approved Consulting Services $175/hr, 24 hours total estimated Travel Charges Gas Mileage: $0.67/Mile (see below) Lodging: Full Cost of Lodging Meats and Incidentals Per Diem (98823): $59/day Wed -Fri, $44.25/day Tues 2 IA 2 hr 38 min 0 62.2 mi) via 1-90 E 4� Directions Per Diem: $221.25 Mileage: $108.67 On -Site Services: $4,200 Off -Site Prep: $350-$525 Proposal of Services The scope of services for a contract between the Grant County Commissioners Office and MG Consulting Services LLC may include the following work related to records management, assigned as needed: 1. Print Records - Retention/ Organization - Services may include such tasks as: a. Create custom destruction/ archival logs for the county's future use. b. Reviewing paper files that are currently hold on or off site. c. Creating destruction log paperwork for each box of paper records. d. Coordinate with the WA State Archives on Records to offer or review. e. Assist with finding quotes for any scanning projects that may be required. f -- Organization of previous destruction logs and records. g. Saving all print and electronic destruction logs in County's records management system for easy searching and retrieval. h. Create and document future policies and/or standards to follow for the management of print records. 2. Electronic Records on Internal Network -Retention/Organization - Services may include such tasks as: a. Review/reorganize/ destroy electronic files currently saved on internal network. b. Creating destruction log paperwork for any items that have met their retention. c. Organizing additional records in a way that will allow for easy import into the County's records management system. d. Assist in the transfer of files to the State Archives, where applicable. e. Create and document future standards to follow for the management of electronic records. 3. Future Electronic Records — Organizational Foundation for Electronic Records to be Held in Laserfiche — Services may include such tasks as: a. Help establish a folder structure for electronic files. b. Mapping retention for all document types to be held in the County's records management system. c. Build Records Retention properties and provide instructions on records retention automation/workflows. d. Creating/ Defining metadata and templates for any document types identified. e. Designing workflow processes regarding automation of filing for the county to provide to their Laserfiche Vendor to build and implement. f. Create and document future standards to follow for Laserfiche records management. (Page I of 2) Megan Gregor I Megan@MeganGregorConsulting.com 1 847-858-6210 Proposal of Services, cont. 4. Assist with Design and Structure of Public Public Facing Documents Laserfiche — Services may include such tasks as: a. Assist the County in creating a more streamlined Agenda Management process, using Laserfiche and automation. b. Create transparent folder structure for external browsing on files utilizing shortcuts, laymen's terms for folders, and any other direction provided by the County. c. Assist in building search forms that produce accurate and applicable results. d. Assist in designing a webpage or the public to access any public facing documents. Additional Considerations • The county must agree to provide the consultant with unattended access to any electronic file locations. This can be provided via VPN/Server Access, Cloud access for Laserfiche, or I through a county issued computer for temporary use for the duration of this project. • Additional services related to Records Management may be added to the scope of work as they arise; if this happens, they will be documented and agreed to via email by both parties. Fee Schedule All services provided by MG Consulting Services LLC for the duration of this contract are charged at an hourly rate of $175 per hour. In the instance that the Client would like for MG Consulting Services LLC to travel on -site, travel fees will be charged in accordance with applicable lodging, meals & incidentals, and mileage rates for the preferred on -site location. (Page 2 of 2) .`v Megan Gregor Megan@MeganGregorConsulting.com J 847-858-6210 X