HomeMy WebLinkAboutS Finance - Cost Allocation Plan Contract with THM Associates, Inc~G
FY 2006
Agreement to Provide
Professional Cost Accounting Services to
Orange County, North Carolina
This Contract, entered into this y~ day of /~~/ , 2007 and effective
immediately by and behveen THM & Associates, Inc. (hereinafter referenced to as the
"Consultant") and Orange County, State of North Carolina (hereinafter referred to
as the "County"),
Wituessth That:
WHEREAS, County has programs which it operates with federal and/or state
finding, and
WHEREAS, Comity supports these programs with support services paid from
County appropriated finds, and
WHEREAS, federal and state finding require that these programs be supported
by an approved cost allocation plan, and
WHEREAS, the Consultant is staffed with personnel knowledgeable and
experienced in preparing and negotiating such cost allocation plans with appropriate
federal and state cost negotiators, and
WHEREAS, the County desires to contract with Consultant to develop a cost
allocation plan which meets the Federal and State requirements governing the preparation
of such plans.
NOW THEREFORE, based upon the terms and conditions herein contained, the
parties agree as follows:
1. Scope of Services. The Consultant shall perform and carry out in a timely
and professional warmer the following services (hereinafter "Services"):
a. Preparation (and negotiation with appropriate federal or state officials,
if applicable) of a central services cost allocation plan that identifies
and documents the various costs incurred by the County to support
and administer federal and state programs and conh~acts. This plan
will contain a determination of the allowable costs of providing each
supporting service such as accounts payable, facility costs, personnel,
purchasing, etc.
b. Prepare indirect cost rate proposals (ICRPs) for Federal grants as
necessary.
c. Identify and document other indirect cost allowable for the recovery of
eligible federal and state reimbursements. (e.g. EMS Services, Jail
Costs)
d. Conduct on-site visit(s) to gather and compile information and one
follow up visit, to discuss findings and/or proposed changes to the
plan.
2. Time of Performance. Services to be provided hereunder by the Consultant
shall be undertaken and completed in such sequence as to assure their
expeditious completion and best carry out the purposes of the agreement. The
cost allocation plan, based upon the previous year's audited expenditures will
be available by July 31 of this year, for the County's review and our
negotiation with federal and state officials.
3. Compensation. The Comity agrees to pay the Consultant a sum not to
exceed eight thousand dollars ($8,000), for Services, which shall include
reimbursements for all expenses incurred. Consultant agrees to complete
Services provided herein, for said sum. Comtty shall pay Consultant's fee in
one lump sum payment upon receipt of an invoice upon completion of
Consultant's Services for the year.
4. Term. The term of this Agreement shall be one year, commencing May 1,
2007. The Agreement shall automatically terminate on Apri130, 2008, unless
extended pursuant to written agreement, or terminated earlier pursuant to the
terms hereof.
5. Services and Materials to be Provided by tine County. County shall
fiunish Consultant with all necessary information and material pertinent to
the execution of this Contract. County shall cooperate with the Consultant in
carrying out the work herein and shall provide adequate staff for liaison with
the Consultant.
6. Information and Reports. Consultant shall, at such time and in such
form as the County may require, furnish such periodic reports concerning the
status of the project, such statements, certificates, approvals and copies of
proposed and executed plans and claims and other information relative to the
project.
7. Termination of Agreement fm' Cause. If Consultant fails to fulfill its
obligations hereunder, County shall have the right to terminate this contract
by given written notice to Cousultant at least ten (10) days before the
effective date of such temrination.
8. Changes. Comtty may, from time to time, require changes in the scope of
Services. Such changes shall be incorporated in written amendment to this
agreement.
9. Notices. Any notices, bills, invoices, or reports required by this contract shall
be sufficient if sent by the parties in the United States mail, postage paid, to the
address below:
Orange County Finance
208 S. Cameron Street
Hillsborough, NC 27278
THM & Associates, Inc.
8001 Glenbrittle Way
Raleigh, NC 27615
10. Assigmnent. Cousultant agrees not to assign, convey or transfer its interest
in this contract to any other entity without the prior written consent of the
County, which consent shall not be unreasonably held. Provided however,
Cousultant may assign, conveyor transfer its interest in this contract to an
entity which succeeds to substantially all of the business of Consultant, by
merger or otherwise.
11. Consultant Liability if Audited. Consultant will assume all financial
and statistical information provided to the Cousultant by County employees or
representatives is accurate and complete. Any subsequent disallowance of
funds paid to the Cowrty under the claim for whatever reason is the sole
responsibility of the County.
IN WITNESS WHEREOF, the parties hereto have set their hands on the day and
year above first written.
County of Orange
By:
(County Official)
THM & Associates, Inc.
By: ~
imoth McKinnie
Preside t`
Coutract Addendmn # 1
THM & Associates, Iuc, does agree to and makes a part this addendum to the Orange
County contract for Professional Services (Preparation of Indirect Cost Allocation Plan)
for FYE 2006.
Section 12: The Cotsultant agrees to indemnify and hold harmless the County from all
loss, liability, claims or expense, including attorney's fees, arising out of or related to the
performance of the Services caused in whole or in part by the negligence or misconduct
of the Consultant except to the extent same are caused by the negligence or willful
conduct of the County. It is the intent of this Provision to require the Consultant to
indemnify the County to the fullest extent permitted under North Carolina law.
Section 13: The parties agtee that Consultant is an independent contractor and shall not
represent itself as an agent ot• employee of the County for any purpose in the performance
of duties hereunder. Accordingly, Consultant shall be responsible for payment of all
federal, state and local taxes as well as business license fees and worker's compensation
claims arising out of Consultant's activities in accordance with this Agreement. As an
independent contractor, Consultant shall perform work required hereunder in a
professional manner and in accordance with the standards of applicable professional
organizations.
THM t~ iate~s, Ipc~
by: ~-,~~
Ttmothy cKinnie
President