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Notice Agenda 2022-07-28.doc
Bayfield County Administrator
117 E 5th Street, PO Box 878, Washburn, WI 54891
Ph: 715-373-6181 Fx: 715-373-6153
www.Bayfieldcounty.wi.gov
Mark Abeles-Allison, County Administrator
Kristine Kavajecz, Human Resource Director
Paige Terry, Clerk III
BAYFIELD COUNTY
EXECUTIVE COMMITTEE MEETING
Brett T. Rondeau, Chair Mary Dougherty
Fred Strand Dennis Pocernich
Jeff Silbert Jeremy Oswald, Vice-Chair
*** AGENDA ***
Dear Committee Members:
This letter is written to inform you of the Bayfield County Executive Committee
Meeting scheduled for 4:00-5:00pm Thursday, July 28, 2022 in the Bayfield
County Board Room. This meeting will be held in-person and remotely.
Supervisors and the public will be able to participate in the Meeting in person
or via voice either by using the internet link or phone number below.
Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
Or join by entering a meeting ID
Meeting ID: 295 873 231 71
Passcode: Kkvzqt
Or call in (audio only)
+1 715-318-2087,,357494038# United States, Eau Claire
Phone Conference ID: 357 494 038#
Find a local number | Reset PIN
Learn More | Meeting options
Contact Bayfield County at 715-373-6181 if you have access questions or
email Mark.Abeles-Allison@bayfieldcounty.wi.gov if during the meeting.
K:\Executive Committee\2022 EXECUTIVE COMMITTEE\07 July 28 2022\Exec Comm
Notice Agenda 2022-07-28.doc
Any person wishing to attend who, because of a disability, requires special accommodations, should
contact the County Clerk’s office at 715-373-6100, at least 24 hours before the scheduled meeting
time, so appropriate arrangements can be made.
Notice is hereby given that in the event the standing committee does not have a quorum the County
Board Chair or Vice Chair may act as an ex officio member (County ordinance, Chapter 3, section 2-
3-1 (c)). Notice is hereby given that a majority of the Bayfield County Board may be present at the
meeting to gather information about a subject over which they have decision-making responsibility.
This constitutes a meeting of the Bayfield County Board pursuant to State ex rel. Badke v.
Greendale Village Bd., 173 Wis. 2d 553, 494 N.W.2d 408(1993), and must be noticed as such,
although the County Board will not take any formal action at this meeting.
1) Call to Order
2) Approval of Minutes of July 14, 2022
3) Public Comment, 3 minutes
4) Department Budget Presentations
5) Discussion and Possible Action Regarding Investment Policy as it relates to County
Investments.
6) Discussion and Possible Action, Maximus Contract Signing
7) Discussion and Possible Action Regarding Possible Joint Dispatch Study Funding
8) Adjourn
JULY 28, EXECUTIVE COMMITTEE NARRATIVE
Executive Committee Narrative, July 28, 2022
Item 4: Department Budget Reviews
• District Attorney: The significant change is Ashley Mika to full time. Jody
full time VWC. Everything else is basically the same. I am in trial that week
for the homicide. Is there another time I can present?
• CORONER:
o One more laptop
o want to increase the per diem from $75 to $100 per call leave the
cremation the same this is about $2000 a year
o Raise the charge for cremation again 2 % as soon as possible on this
o I would like to buy cameras for staff as they are using their cell
phones then transferring photos approx. $1000
o A polo shirt identifying staff as coroner, $1000
• Treasurer: Narrative Attached
• Land Records: Attached
• IT Budget: 2023:
• Additional employee
• Various renewals endpoint protection\VMWare
• Virtual desktop infrastructure upgrades\expansion
• Jail cameras
• Physical security
• Video wall
• Interview cameras at Drummond office (Sheriff budget)
• Scanning (Zoning)
• Physical security controls (Highway)
• Maintenance:
✓ Floor scrubber
✓ New toilet for Jail intox area
✓ HVAC- Discharge air temperature sensors for 1997 addition
✓ Motion detected faucets
✓ Motion detected paper towel dispensers
✓ Relocated a couple mini-split air conditioners
✓ Floor tile in elevator and outside of elevator by the Board Room
✓ Floor tile in the Sheriff’s elevator
✓ Floor tile on ramp by Zoning
✓ Touch up mortar work on both buildings
✓ New signage for Annex/Sheriff’s Department
✓ Chip seal a couple parking lots
✓ New or used Maintenance truck & plow
Item 5: As interest rates rise the Treasurer’s office is getting additional contacts
regarding investment opportunities. County policy has limited investments to
county financial institutions and the state LGIP pool. We wanted to review this
policy with the Committee.
Item 6: Bayfield County performs an annual Indirect Cost Study to capture cross
department funding (indirect costs) for state and federal funds. We have gone
many years without a contract. This contract locks in current costs ($5225) for the
next 3 years then increases by $275 to $5500 for the next three years, through
2027. I think it is in our interest to lock rates in for an extended period of time.
Item 7. We met with Ashland County representative for a very preliminary
discussion about joint dispatch. The two counties are discussing this at the
committee level. If this were to proceed a feasibility study ($15 - $25k) would like
be required. The recently released PSAP grant could pay for hardware associated
with the project. Ashland County will be meeting to discuss further this week also.
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Minutes of the
Bayfield County Executive Committee Meeting
4:00pm, July 14, 2022
Meeting was held Remotely through Microsoft Teams and in person in the
Bayfield County Board Room, Washburn, WI
Members Present: Jeff Silbert, Dennis Pocernich, Fred Strand, Brett Rondeau, Jeremy Oswald
Members Excused: Mary Dougherty
Others Present: Mark Abeles-Allison-County Administrator, Paige Terry-Clerk III, Marty
Milanowski, Larry Fickbohm, Madelaine Rekemeyer, Sara Wartman-Public Health Director,
Elizabeth Skulan-Human Services Director, Lynn Divine-County Clerk, Kim Mattson-
Accountant, Jim Kelly-Northwoods Resort Representative, James Bolen-Northwoods Resort
Representative, Cole Rabska-Bayfield County Economic Development Corporation, Pauline
Darling-Northern Lights Services, Inc. CEO, Kellie Pederson-UW Extension Community
Development Educator, Scott Kluver-City of Washburn Administrator, Joe Schick-Mason
Ambulance Service Director, Dan Vaillancourt-Mason Ambulance Finance Council
Called to order at 4:00 p.m. by Chairman Rondeau.
Approval of Minutes of June 9, 2022: Motion Strand, Silbert to approve minutes of the June 9,
2022 Executive Committee meeting. Motion carried, 5-0, 1 absent.
Public Comment: Charles Babineau, Russell, expressed concern regarding clear cutting and the
impact it may have on the surrounding area.
Analisa Bermel, Bayfield, introduced herself to the committee and explained that she has
acquired a property located at 211 Rittenhouse Ave. in the City of Bayfield and is attempting to
undertake a historic rehabilitation project for the property to convert into an 8-room boutique
hotel. She will be attempting to complete a Community Development Investment Grant
application through the Wisconsin Economic Development Corporation, which will require a
pass-through fiscal agent.
Sheri Eggleson, Bayview, commended the County Board of Supervisors and Red Cliff Tribal
Council on the recent passing of a joint proclamation between the two entities to protect the
water in Bayfield County. Eggleson read a clean water referendum question to the committee as
follows: “Should the State of Wisconsin establish a right to clean water to protect, human health,
the environment, and the diverse cultural and natural heritage of Wisconsin?” Eggleson
continued by stating numerous Wisconsin counties have already approved the question to be
added to their fall ballots and ask that Bayfield County consider adding the referendum to its fall
ballot.
Northwoods Resort Presentation: Northwoods Resort Representative, Jim Kelly, informed the
committee that the portion of the project that is located in Bayfield County is fully under contract
and they are able to move forward with the purchase of the former Telemark Golf Course.
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BCEDC Executive Director, Cole Rabska, reported that the corporation unanimously voted to
approve pass-through funding for the project and reviewed the potential funding options that
may now be available. James Bolen, Northwoods Resort Representative, further explained that
the portion of the project that is located in Sawyer County will be finalized later in the year, but
they intend to move forward with the Bayfield County portion of the project as soon as possible.
Board Supervisor, Marty Milanowski, asked how difficult the permitting process has been.
Bolen replied that they have been working with Zoning to complete the permits and have been in
communications with the department for a long time.
Mason Area Ambulance Building Funding Request: Mason Ambulance Service Director, Joe
Schick, reported that the number of runs for the service has tripled over the past two years,
during the COVID-19 pandemic. This has put an enormous strain on the department.
Consequently, the service is planning on expanding the facility to upgrade the current meeting
room and to add amenities that will enable full- or part-time staff to stay at the facility in the
future. The project is anticipated to be complete by the end of 2023. Total costs are estimated to
be between $250,000 to $300,000. Schick requested that the County consider matching funds to
a $50,000 grant they have applied for. Dan Vaillancourt, Mason Ambulance Finance Council,
stated that the municipalities within the service area are planning on contributing their unused
ARPA funds to the project. Abeles-Allison stated that the County will look to see what funds
may be available. No action was taken on this item.
40-Unit Residential Housing RFP Release on 10-Acre Parcel Adjacent to Nursing Home,
City of Washburn: Abeles-Allison informed the committee that Bayfield County has experience
an increased need for affordable housing. A 10-acre parcel adjacent to the Northern Lights
Nursing Home in the City of Washburn is being considered for a project that could house up to
40 units. Following conversation including Northern Lights CEO, Pauline Darling, Kellie
Pederson, UW Extension educator, City of Washburn Administrator, Scott Kluver and Abeles-
Allison, it was decided that the project should be pursued further.
Motion by Silbert, seconded by Oswald to forward the Housing Request for Proposal packet on
to the County Board, along with the list of project specifics previously discussed, with the
intention to support the project. Motion carried, 5-0, 1 absent.
Opioid Settlement Funds: Abeles-Allison explained that Bayfield County will receive a total of
$348,803 form the opioid settlement funds with 20% going to attorney fees. Bayfield County has
two options to receive these funds, either as a lump sum payment or as annual payments over the
next 18 years. Human Services Director, Elizabeth Skulan, spoke on behalf of the Human
Services Department and stated that lump sums over a number of years can be used to fund
public health/preventive programs on an ongoing basis. Discussion regarding the payment
options.
Motion by Pocernich, seconded by Rondeau to recommend to support accepting the opioid
settlement funds as a lump sum and placing the funds in a designated account to distribute on an
annual basis. Motion carried, 5-0, 1 absent.
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Clean Water Referendum Resolution: Divine reviewed the process to include a referendum on
the ballot and recommended waiting to get the referendum added to the fall ballot rather than the
primary. Discussion regarding the wording of the referendum question included in the resolution
and the possibility of the question needing to be changed.
After discussion and amendment, a motion was made by Silbert, seconded by Oswald to forward
the resolution to the full board for consideration. Motion carried, 4-1, 1 absent (Pocernich
opposed.)
Courthouse Unleaded Gas Pump Pedestal and Software Upgrade: Abeles-Allison delivered
a summary of the current issues with the existing fuel pedestal.
Motion by Pocernich, seconded by Strand to upgrade and replace the current unleaded pedestal
software. Motion carried, 5-0, 1 absent.
Budget 2023 Review Topics: A list of potential 2023 budget topics were reviewed:
• Bidding out Worker’s Comp Insurance
• Include $30,000 for grant consulting in 2023
• Increase County Highway Department work for County
• Moving County Bridge Aid to Highway Department
• Changing the funding of the Northern Great Lakes Visitor Center
• Increasing the funds available for the Youth Government Scholarship
• 40-hour payroll changes in the Administrator Department
• Potential new business at the Business Park after Xcel leaves
• Fuel Pump and CNG Compressor upgrades in the fleet fund
• Increase animal control response expenses
Reports:
a. ARPA Project Review: Abeles-Allison reviewed all the projects as well as their progress.
b. Sales Tax Chart, Revenues Still Strong: Sales tax is up 8.8% from the previous year.
c. Financial Report, End of June 2022: Full report was provided in the meeting packet.
General Fund expenditures are at 50%, Humans Services expenses are at 37%, and
Highway expenditures are at 26%.
d. Treasurer’s Report, End of June 2022: The report was provided in the packet.
e. Comprehensive Planning Meeting, July 20, 2022, at 10:00 AM
f. EMS Advisory Committee Update: Abeles-Allison explained that the County Board
received and placed on file the committee’s final report at their previous meeting.
Next Meeting Dates:
a. Executive Committee: Thursday, July 28, 2022 at 4:00 PM
b. Personnel Committee: Thursday, July 28, 2022 at 5:00 PM
c. September 22, 2022 at 4:00 PM
Meeting adjourned at 6:03 p.m.
EXPENDITURE HIGHLIGHTS
Budget expenditures are relatively the same/predictable in the Treasurer’s office from year to
year. There are no out of the ordinary increases for 2023. Other than personnel costs, our main
expenditures come from contractual services, postage, and advertising.
Our contractual service budget consists of the cost for Novus tax software which is shared
50/50 with Land Records.
Postage is primarily made up of delinquency statements sent every February & August and
postcards sent in June as a reminder for the 2nd half collection deadline. These
statements/reminders are important in the tax collection process.
We are statutorily required to print a two-year tax delinquency notice every year and an
unclaimed funds notice every odd year, which makes up our advertising budget. This cost varies
slightly depending on the year.
REVENUE HIGHLIGHTS
Revenue in the Treasurer’s office consists of interest on taxes and interest on investments.
Compared to 2022, we will see higher interest income in 2023 due to rising interest rates. As
these rates rise, there are better returns predicted for CDs that will be opened in 2023 and
maturing in 2024. We should have a better idea of how drastically rates may rise after the
Federal Reserve meeting July 26/27. Currently, the Local Government Investment Pool is
earning 0.98%, which has been steadily rising from 0.04% in June 2021. A 12-month, $1,000,000
CD can currently be invested at 1.15% (Bremer), and this is also expected to rise after the
Federal Reserve meeting.
Interest on taxes continues to remain stable/close to the same as previous years.
Treasurer – 12
Jenna Galligan
Treasurer
Kerri Shilts
Deputy Treasurer
BAYFIELD COUNTY
LAND RECORDS
DEPARTMENT
PHONE AND FAX: (715) 373-6156 BAYFIELD COUNTY COURTHOUSE
EMAIL: Scott.galetka@bayfieldcounty.wi.gov 117 EAST FIFTH STREET
POST OFFICE BOX 878
WEB: https://bayfieldcounty.wi.gov. WASHBURN, WI 54891
TO: Executive Committee and Mark Abeles-Allison
FROM: Scott M. Galetka
DATE: July 20, 2022
RE: 2023 Budget Outlook for Land Records Department
The Land Records Department has been working on the draft versions of the budget.
No major changes in the budget are projected. The following items are planned: that
would impact it significantly.
1. The second half of the LiDAR payment is included in the Capital improvement
Program $108,665.
2. 2022 Strategic Initiative grants will be paid all at once rather than splitting the
payments between two years in 2023.
3. New legislation for Land Records Offices related to GIS data used for next
generation 911 mapping. Counties have access to a pool of funds in the amount
of 1.5 million. Details on the eligibility, requirements are expected in July 2022.
Grant funds will be competitively awarded, application process expected in
August 2022.
4. A van/truck request is in the budget to house UAV equipment for search and
rescue situations, crash sites, evidence documentation along with daily work in a
timely manner. Staff have been using personal vehicles for this up to this point
due to afterhours requests.
5. New legislation passed for Land Sales requires funds to be held for five years.
The legislation directs Land Records to reimburse the previous owner for any
revenues over county sale / cleanup expenditures. This was the practice with
homesteads, but now it includes all properties. Corporation Counsel has
recommended that we hold onto properties for the required five years prior to
sale. That is the procedure we will follow for this type of parcel. This will result
in reduced revenues for the next five years.
The Chart below shows budgeted and actual revenues over the past five years.
We budgeted 50k from land sales a year but have had revenues well over 100k in
the past 3 years. *Most recent land sale is not reflected for 2022.
Proposed: Bayfield County Investment Policy: May 14, 2020
I. Introduction
The intent of this Investment Policy of Bayfield County is to define how funds are to be managed. The
policy formalizes the framework for the County’s investment activities to ensure effective and judicious
fiscal and investment management of the County’s funds. The guidelines are intended to be broad to
allow the County Treasurer to function within the parameters of responsibility and authority, yet specific
enough to adequately safeguard the investment assets.
II. Governing Authority
The investment program shall be operated in conformance with Wisconsin State Statutes.
III. Scope
This policy applies to activities of Bayfield County relating to investing the financial assets of all funds.
Funds held by trustees or fiscal agents are excluded from these rules; however, all funds are subject to
regulations established by the State of Wisconsin. The covered funds are defined in the Bayfield
County’s annual financial statements. This policy does not address employee retirement funds and
proceeds from certain bond issues. Except for funds in certain restricted and special funds, Bayfield
County commingles its funds to maximize investment earnings and to increase efficiencies.
IV. General Objectives: The primary objectives, in priority order, of investment activities shall be:
1. Safety: Safety of principal is the foremost objective of the investment program. Investments shall be
undertaken to ensure the preservation of capital in the overall portfolio. The goal will be to
mitigate credit and interest rate risk.
2. Liquidity: The investment portfolio shall remain sufficiently liquid to meet all operating requirements
that may be reasonably anticipated.
3. Return: The investment portfolio shall be designed with the objective of attaining a market rate of
return throughout budgetary and economic cycles, considering the investment risk constraints of safety
and liquidity needs.
4. Special Considerations: Where possible, funds may be invested for the betterment of the local
economy or that of local entities within the County.
V. Standards of Care
1. Prudence
The standard of prudence to be used by investment officials shall be the “prudent person” standard and
shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance
with written procedures and this investment policy and exercising due diligence shall be relieved of
personal liability for an individual security’s credit risk or market price changes, provided deviations from
expectations are reported in a timely fashion and appropriate action is taken to control adverse
developments. The "prudent person" standard states that, “Investments shall be made with judgment and
care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise
in the management of their own affairs, not for speculation, but for investment, considering the probable
safety of their capital as well as the probable income to be derived.”
2. Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain from personal activity that could
conflict with the proper execution and management of the investment program, or that could
impair their ability to make impartial investment decisions. Employees and investment officials shall
disclose any material interests in financial institutions with which they conduct business. Disclosure shall
be made to the governing body. They shall further disclose any personal financial/investment positions
that could be related to the performance of the investment portfolio. Employees and officers shall refrain
from undertaking any personal investment transactions with the same individual with whom business is
conducted on behalf of Bayfield County.
3. Delegation of Authority and Responsibilities: The governing body will retain ultimate fiduciary
responsibility for the portfolios.
4. Bayfield County Treasurer:
Authority to manage the investment program is granted to the Bayfield County Treasurer hereinafter
referred to as investment officer as designated by the Bayfield County Board of Supervisors.
Responsibility for the operation of the investment program is hereby delegated to the Treasurer (or
Deputy Treasurer in the event the Treasurer has an extended absence) who shall act in accordance with
established written procedures and internal controls of the department for the operation of the investment
program consistent with this Investment Policy. All participants in the investment process shall seek to
act responsibly as custodians of the public trust. No officer or designee may engage in an investment
transaction except as provided under the terms of this policy and supporting procedures.
VI. Authorized Financial Institutions and Depositories.
Authorized Financial Institutions and Depositories
A list will be maintained by the Treasurer of financial institutions and depositories authorized to provide
investment services. In the event the county decides to retain a financial consultant a specific request for
proposals will be prepared.
A. Institutions eligible to transact investment business with Bayfield County include the State Investment
Pool and all banking institutions located within Bayfield County and their affiliate branches. Additional
institutions may be considered on a case by case basis with a recommendation by the Treasurer and
approval by the County Board.
B. Selection of financial institutions and broker/dealers authorized to engage in transactions with
Bayfield County shall be at the sole discretion of the Investment Officer and Bayfield County Board.
C. The County Treasurer is responsible for establishing and maintaining an internal control structure
designed to ensure that the assets of the Bayfield County are protected from loss, theft or misuse.
D. An external auditor shall provide an annual independent review to assure compliance with state law,
policies and procedures.
VII. Suitable and Authorized Investments
1. Investment Types and Credit Guidelines
Investments shall be limited to those allowed under Wisconsin State Statues for County Governments.
2. Collateralization
Full collateralization will be required on all demand deposit accounts, including checking accounts and
negotiable (as authorized by respective state statutes) and non-negotiable certificates of deposit. Full
collateralization is for balances over applicable FDIC and State of Wisconsin depository insurance levels.
Authorized Collateral
Acceptable collateral for bank deposits and repurchase agreements shall include only:
• obligations of the U.S. Government, its agencies and GSEs, including mortgage backed securities
• obligations of any state, city, county or authority rated at least AA by two nationally recognized
statistical rating organizations.
Letters of Credit from the Federal Home Loan Bank or other comparable guarantees.
VIII. Investment Parameters
Mitigating credit risk in the portfolio. Credit risk is the risk that a security or a portfolio will lose some or
all of its value due to a real or perceived change in the ability of the issuer to repay its debt. Bayfield
County shall mitigate credit risk by adopting the following:
A. Diversification
It is the policy of the Bayfield County to diversify its investment portfolios. To eliminate risk of loss
resulting from the over-concentration of assets in a specific maturity, issuer, or class of securities,
assets in all County funds shall be diversified by maturity, issuer, and class of security. Diversification
strategies shall be determined and revised periodically by the County Treasurer for
all funds.
B. Mitigating market risk in the portfolio
Market risk is the risk that the portfolio value will fluctuate due to changes in the general level of interest
rates. Bayfield County recognizes that, over time, longer-term/core portfolios have the potential to
achieve higher returns. On the other hand, longer-term portfolios have higher volatility of return. The
County shall mitigate market risk by providing adequate liquidity for short-term cash needs, and by
making longer-term investments only with funds that are not needed for current cash flow purposes.
Bayfield County, therefore, adopts the following strategies to control and mitigate its exposure to market
risk:
• Bayfield County will strive to maintain a minimum of three months of budgeted operating expenditures
in short term investments to provide enough liquidity for expected disbursements.
• The maximum stated final maturity of individual securities in the portfolio shall be four years.
• Liquidity funds may be held in the State Pool or in money market instruments maturing one year and
shorter.
• Longer term/Core funds will be the defined as the funds in excess of liquidity requirements. The
investments in this portion of the portfolio will have maturities between one day and four years and will
be only invested in higher quality and liquid securities.
X. Reporting/Disclosure
1. Methods: The County Treasurer will annually, provide the County Board with investment reports. The
reports also will be available upon request. Securities holdings, cash balances and market values in the
investment portfolio will be provided on month-end reports.
PECIFIC RE
XII Approval of Investment Policy and Amendment Procedure:
The investment policy and any modifications to that policy shall be formally approved and adopted by the
governing body of Bayfield County. This policy may be reviewed on an annual basis.
808 Moorefield Park Drive, Suite 205, Richmond, VA 23236 | Office: 804.323.3535 | maximus.com
July 14, 2022
Lynn Divine
County Clerk
117 East Fifth St
Washburn, WI 54891
Dear Lynn Divine:
Maximus US Services, Inc. is pleased to submit the attached contract. You may return the contract by e-mail or
USPS. Instructions for both are provided below.
E-mail Return
Scan the signed contract to ConsultingContracts@maximus.com. We will return a fully executed scan to the e-
mail address from which it was received, or an alternate provided by the Client.
USPS
If you require an original hard copy of the fully executed contract sign and return via regular mail to:
Maximus US Services, Inc.
Shared Services Center
CONTRACTS
808 Moorefield Park Drive, Suite 205
Richmond, VA 23236
Maximus will return the document to the address noted in the contract unless otherwise instructed. Please
provide a contact name to receive the package.
Please feel free to contact me at 217.416.0433 or michaelholmes@maximus.com. We look forward to
continuing our work with Bayfield County, Wisconsin.
Sincerely,
Michael Holmes
Vice President
Maximus US Services, Inc.
MH/tmd
Attachment - Contract
1
SERVICE AGREEMENT
This Service Agreement, (this “Agreement”), is entered into this January 1, 2023 (the “Effective Date”), by
and between Maximus US Services, Inc., ("Contractor" or “Maximus”), and Bayfield County, Wisconsin,
("Client"). In consideration of mutual promises and covenants, the parties agree as follows:
1. Scope of Services
Contractor will perform in a professional manner the Services detailed in Exhibit A.
2. Term
This Agreement commences on the Effective Date and remains in effect until the later of December
31, 2028 or completion of, and payment in full for, the Services specified in Exhibit A. Or, if earlier
terminated in accordance with Section 4. The parties may mutually agree to extend this Agreement
for two additional one year periods, pursuant to an amendment duly signed by both parties.
3. Compensation.
Client will pay Contractor the fees for services rendered as set forth in Exhibit A, incorporated herein
by reference as if fully set forth as part of this Agreement.
4. Termination.
a. Termination for Cause. Upon material breach of the terms of this Agreement, the non-
breaching party will provide written notice to the breaching party specifying the nature of the breach. The breaching party will have 30 days (or a longer period if the parties mutually
agree) from the date of receipt to cure any the default prior to the effective date of
termination. Notice of default must be delivered by certified mail or overnight courier.
b. Termination for Convenience. Either party may terminate this Agreement without cause
upon 60 days prior written notice to the other. In the event the Agreement is so terminated
by Client, Client will reimburse Contractor for all reasonable costs incurred by Contractor
due to such early termination.
c. Rights Upon Termination. Upon termination for whatever reason and regardless of the
nature of the breach (if any), Client agrees to pay Contractor in full for all goods and/or
services provided to Client under this Agreement, or any amendment thereto, as of the
effective date of termination of the Agreement.
5. Invoicing and Payment.
Client will pay Contractor a fee for Services rendered as set forth in Exhibit A. Unless stated
otherwise in Exhibit A, Client will pay all invoices in full within thirty (30) days of the invoice date.
Client agrees to at all times remain current on all amounts charged for the Services and
acknowledges and agrees that any breach of the foregoing shall constitute a material breach under
this Agreement entitling Contractor to pursue any and all remedies available at equity or at law including the suspension or termination of the Services provided hereunder.
6. Data Accuracy.
Contractor will guide the Client to determine the data required. Client represents that all financial
and statistical information provided to Contractor by Client, its employees and agents is accurate
and complete to the best of its knowledge. Client further acknowledges and agrees that Contractor
is entitled to rely upon the accuracy and completeness of the data to perform the Services. Client
will provide all data in a timely manner sufficient to allow Contractor to provide the Services.
Contractor has no liability to Client for Client’s provision of incomplete, inaccurate or untimely data.
2
7. Records and Inspections.
Contractor will maintain full and accurate records with respect to all matters covered under this
Agreement for 6 years after the completion of the Services. During such period, Client will have
the right to examine and audit the records and to make transcripts therefrom. Client will provide
30 days’ prior written notice of its intent to inspect or audit any such records and will conduct such
inspection or audit only during Contractor’s normal business hours and no more than once every
six months. Any employee, Contractor, subcontractor or agent of Client granted access to such
records will execute a non-disclosure agreement prior to being granted access.
8. Warranties.
Contractor warrants that it will perform the services in a manner consistent with the standards
typically practiced by similarly situated companies in the same industry. Contractor specifically
disclaims and the Client waives, all other express or implied standard, guarantees and warranties,
including but not limited to implied warranties of merchantability, or fitness for a particular purpose,
custom or usage, or otherwise as to and good or services under this Agreement.
9. Client Representations & Warranties.
Client represents and warrants to Contractor that its use of the Services shall comply with all
applicable laws, statutes, ordinances, codes, rules, regulations, orders, judgments, decrees,
standards, requirements or procedures enacted, adopted, applied, enforced or followed now or in
the future by any federal or state governmental bodies or agencies. Client further represents and
warrants to Contractor that it has obtained all necessary consents, rights and permissions to enter
into this Agreement and use the Services in accordance with the terms of this Agreement.
10. Ownership of Intellectual Property.
All work, reports, writings, ideas, designs, methods, computer software (both object and source
code) and data recorded in any form that exist and are owned by Maximus prior to this Agreement,
or that are created, developed, written, conceived or made by Maximus or any third party (whether
solely or jointly with others) as a result of, or relating specifically to this Agreement, or in the
performance of the Services under this Agreement (collectively or separately, “Intellectual
Property”) are and shall be the exclusive property of Maximus and ownership shall vest in Maximus
immediately upon creation. Nothing herein shall be deemed to grant Client any rights to the
Intellectual Property except as explicitly stated in this Agreement.
11. Compatible Platforms/Hardware.
To the extent applicable to the Services that will be provided by Contractor, notwithstanding any
initial set-up and/or implementation services provided by Maximus at the commencement of the
Term, Client is responsible for obtaining, installing and maintaining an appropriate operating
environment, including all connectivity and equipment as well as the necessary hardware, operating
system software and other items required to access and use the Services (the “Operating
Environment”). Maximus will not be responsible for any incompatibility between the Service and
Client’s Operating Environment or for Client’s use of any third party software, hardware, browsers
or other products not specifically recommended or approved by Maximus for Client’s use with the
Services. Maximus will make written compatibility recommendations available to Client at Client’s
request, but, for clarity, Client is ultimately responsible for the compatibility and operation of its
Operating Environment.
12. Copyright for Contractor’s Proprietary Software.
To the extent that the Services provided by Contractor are generated by Contractor’s proprietary
software, nothing contained herein is intended nor will it be construed to require Contractor to
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provide such software to Client. Client agrees that it has no claims of ownership, including
copyright, patents or other intellectual property rights to Contractor’s software. Nothing in this
Agreement will be construed to grant Client any rights to Contractor’s materials created prior to the
execution of this Agreement. All of the deliverables prepared by Contractor for Client included in
the Services are specifically set out in Exhibit A.
13. Contractor Liability if Audited.
Contractor will, upon notice of audit, make work papers and other records available to the auditors.
Contractor’s sole responsibility under an audit will be to provide reasonable assistance to Client
through the audit and to make changes to the work product required as a result of the audit.
Contractor will not be liable for any audit disallowances or any missed or lost revenue associated
with, or related to, the Services, regardless of cause.
14. Indemnification.
To the extent allowed by law, each party (an “Indemnifying Party”) will defend, indemnify and hold
harmless the other party (an “Indemnified Party”) from and against any and all third-party claims
and resulting proven direct damages, liabilities and costs (including reasonable attorney fees) to
the extent proximately caused by the negligent actions or willful misconduct of the Indemnifying
Party, its employees or agents. The Indemnifying Party will not be responsible for any damages,
liabilities or costs resulting from the negligence or willful misconduct of the Indemnified Party, its
employees, Contractors, or agents or any third party.
15. Limitation of Liability.
Client agrees that Contractor’s total liability to Client for any and all damages whatsoever arising
out of, or in any way related to, this Agreement from any cause, including but not limited to
negligence, errors, omissions, strict liability, breach of contract or breach of warranty will not, in the
aggregate, exceed USD $32,175.00.
In no event will Contractor be liable for indirect, special, incidental, economic, consequential or
punitive damages, including but not limited to lost revenue, lost profits, replacement goods, loss of
technology rights or services, loss of data, or interruption or loss of use of software or any portion
thereof regardless of the legal theory under which such damages are sought even if Contractor has
been advised of the likelihood of such damages, and notwithstanding any failure of essential
purpose of any limited remedy.
Any claim by Client against Contractor relating to this Agreement must be made in writing and
presented to Contractor within one (1) year after the date on which Contractor completes
performance of the services specified in this Agreement.
16. Notices.
Any notices, bills, invoices, or reports required by this Agreement will be sufficient if sent by the
parties in the United States mail, postage paid, to the address noted below:
For Maximus: For Bayfield County, Wisconsin:
Lucas Williamson Lynn Divine
Manager County Clerk
808 Moorefield Park Drive, Suite 205,
Richmond, VA 23236
117 East Fifth St
Washburn, WI 54891
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Phone: 217.789.0041 Phone: 715.373.6100
Fax: 703.251.8240 Fax:
Email:
lucaswilliamson@maximus.com
Email: lynn.divine@bayfieldcounty.wi.gov
Any notice sent by certified mail will be deemed to have been given five (5) days after the date on
which it is mailed. All other notices will be deemed given when received. No objection may be
made to the manner of delivery of any notice actually received in writing by an authorized agent of
a party.
17. Changes.
The terms and scope of Services of this Agreement may be changed only by written agreement
signed by both parties.
18. Miscellaneous.
a. There are no third-party beneficiaries to this Agreement and nothing in this Agreement will
be construed to provide any rights or benefits to any third-party.
b. If Contractor is requested by Client to produce deliverables, documents, records, working
papers, or personnel for testimony or interviews with respect to this Agreement or any
services provided hereunder for any third party matter, litigation or otherwise, then Client
and Contractor will execute a change order or new services agreement for the sole
purpose of setting forth any payment and the terms associated with Contractor’s response
and related to the reasonable fees of Contractor in responding. The foregoing does not:
(1) diminish or negate Contractor’s obligation to negotiate and defend all cost allocation
plans and State mandated cost claims as specifically provided for under this Agreement;
or (2) apply in the event Contractor is compelled by subpoena from a third party to provide
Contractor deliverables, documents, records, working papers, or personnel for testimony
or interviews.
c. The parties intend that Contractor, in performing the Services specified in this Agreement
will act as an independent contractor and will have full control of the work and the manner
in which it is performed. Contractor and Contractor's employees are not to be considered
agents or employees of Client for any purpose.
d. In the event that any provision of this Agreement is held to be invalid, illegal or
unenforceable for any reason, this Agreement will continue in full force and effect without
said provision, the validity, legality and enforceability of the remaining provisions will not
in any way be affected or impaired thereby, and this Agreement will be interpreted to
reflect the original intent of the parties insofar as possible.
e. The titles of the sections, subsections, and paragraphs set forth in this Agreement are
inserted for convenience of reference only and will be disregarded in construing or
interpreting any of the provisions of this Agreement.
f. This Agreement and any additional or supplementary document or documents
incorporated herein by specific reference contain all the terms and conditions agreed upon
by the parties hereto, and no other agreements, oral or otherwise, regarding the subject
matter of this Agreement or any part thereof will have any validity or bind any of the parties
hereto. This shall include any purchase order submitted or provided by Client, whether
prior to or upon execution of this Agreement, which shall be for Client’s internal purposes
only. Consultant rejects, and in the future is deemed to have rejected, any purchase
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order’s terms to the extent they add to or conflict in any way with this Agreement or the
applicable Scope of Services, and such additional or conflict terms will have no effect.
g. Neither party will be liable hereunder by reason of any failure or delay in the performance
of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood,
storm, explosions, earthquakes, acts of God, war, governmental action, labor conditions,
material shortages or any other cause which is beyond the reasonable control of such
party.
h. Each individual signing this Agreement certifies that (i) he or she is authorized to sign this
Agreement on behalf of his or her respective organization, (ii) such organization has
obtained all necessary approvals to enter into this Agreement, including but not limited to
the approval of its governing board, and (iii) when executed, this Agreement is a valid and
enforceable obligation of such organization.
i. Waiver by either party of a breach of any provision of this Agreement or the failure by
either party to exercise any right hereunder will not operate or be construed as a waiver
of any subsequent breach of that provision or as a waiver of that right.
IN WITNESS WHEREOF, the parties have executed this Agreement through their duly authorized
representatives.
Maximus US Services, Inc. Bayfield County, Wisconsin
By: By:
Name: Name:
Title: Title:
Date: Date:
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EXHIBIT A
Compensation & Scope of Services
WI CO Bayfield CAP 22-27
SCOPE OF SERVICES:
Description of Services:
Using the information that the Oconto County Finance Department has as a starting point, the contractor
shall accomplish the following tasks:
a. Meet with representatives of appropriate county departments, if necessary, to review, update and understand the indirect cost of the county. It is intended that the consultant shall incorporate in this review any recent or anticipated changes.
b. Develop and prepare the annual cost allocation plan for the years 2022, 2023, 2024, 2025, 2026, 2027 which is used in claiming state and federal revenues and to recover central service costs from its various enterprise activities.
c. The cost allocation plans will be prepared no later than December 31 of the year after the audited financial statements (2023, 2024, 2025, 2026, 2027, 2028).
d. Negotiation of the completed cost allocation plan with the representative of the United
State Department of Health and Human Services and Workforce Development, as well as others that may be required
e. Assistance in preparing initial claims to the State for recovery of funds due the Client. Contractor will also monitor the progress of claims through the State to insure the Client receives recoveries due it.
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COMPENSATION:
For Services provided as set forth in Exhibit A, Client agrees to pay Contractor compensation in the amount of Thirty Two Thousand One Hundred and Seventy Five Dollars ($32,175). Contractor will render to Client one or more invoices for the fees specified herein, with payment due thirty (30) days after the invoice date. The fee breakdown is as follows: Fiscal Year 2022 $5,225 Fiscal Year 2023 $5,225 Fiscal Year 2024 $5,225 Fiscal Year 2025 $5,500 Fiscal Year 2026 $5,500 Fiscal Year 2027 $5,500
