HomeMy WebLinkAbout2006 S Finance - Cost Allocation Plan Contract Maxiimus Inc~~~.~ ~ ~~
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FY OS
Agreement to Provide
Professional Accounting Services to
Orange County, North Carolina
THIS AGREEMENT, entered into this 4th day of May , 2006
and effective immediately by and between MAXIMUS, Inc. (hereinafter called the
"Consultant"} and Orange County, State of North Carolina (hereinafter called the
"County "),
WITNESSETH THAT:
WHEREAS, County has programs which it operates with Federal funding, and
WHEREAS, County supports these programs with support services paid from
County appropriated funds, and
WHEREAS, the Federal government and the State will pay a fair share of these
costs if supported by an approved cost allocation plan, and
WHEREAS, the Consultant is staffed with personnel knowledgeable and
experienced in the requirements of developing and negotiating such governmental cost
allocation plans, and
WHEREAS, County desires to engage the Consultant to assist in developing a
plan which conforms to Federal requirements and will be approved by their
representatives
NOW THEREFORE, the parties hereto mutually agree as follows:
1. Eng_ag_ement of Consultant. County agrees to engage Consultant and
Consultant hereby agrees to perform the following services.
2. Scope of Services. Consultant shall do, perform and carry out in a good
and professional manner the following services:
a. Development of a central services cost allocation plan which identifies
the various costs incurred by County to support and administer Federal
programs. This plan will contain a determination of the allowable costs
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of providing each supporting service such as purchasing, legal counsel,
disbursement processing, etc.
b. Prepare indirect cost proposals for federal grants as necessary.
c. Negotiation of the completed cost allocation plan with the representatives
of the State or Federal government, whichever is applicable.
3. Time of Performance. .The services to be performed hereunder by
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
on or before June 30, 2006, based upon a mutually agreed project schedule, for your
review and our negotiation with Federal and State representatives.
4. Contract Term and Compensation. The term of this contract shall be for a
period of one year. The County agrees to pay Consultant a sum not to exceed nine
thousand, two hundred dollars ($9,200), for all services required herein to complete the
respective cost plan, which shall include reimbursement for expenses incurred.
Consultant agrees to complete the project and all services provided herein, for said
sum. The fee will remain the same, unless the scope of the project is amended in
writing by County. Any and all changes will be accomplished in accordance with
Paragraph 6 of this contract.
5. Method of Payment. Consultant shall be entitled to payment in accordance
with the provisions of this paragraph. Consultant will be entitled to a fixed amount as
indicated above. Consultant' s fees are due upon the rendering of a bill upon the
completion of the cost plan for each year.
6. Changes. County may, from time to time, require changes in the scope of
the services of Consultant to be performed hereunder. Such changes, which are
mutually agreed upon by and between County and Consultant, shall be incorporated in
written amendment to this agreement.
7. Services and Materials to be Furnished by County. County shall locally
furnish Consultant with all available necessary information, data, and material pertinent
to the execution of this agreement. County shall cooperate with Consultant in carrying
out the work herein and shall provide adequate staff for liaison with Consultant and
other agencies of County government.
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8. Termination of Agreement for Cause. If, for cause, Consultant shall fail
to fulfill in timely and proper manner his obligations under this agreement, County
shall thereupon have the right to terminate this agreement by giving written notice to
Consultant of such termination and specifying the effective date thereof, at least five (5)
days before the effective date of such termination.
9. Information and Reports. Consultant shall, at such time and in such form
as 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 as may be requested by
County.
10. Copyright. County acknowledges that the report format to be provided by
Consultant is copyrighted. Consultant shall ensure that all copies of its report bear the
copyright legend. County agrees that all ownership rights and copyrights thereto lie
with Consultant. County may use the report solely for and on behalf of County's
operations. County agrees that it will take appropriate action by instruction, agreement
or otherwise with its employees to satisfy its obligations with respect to use, copying,
protection and security of the report format.
11. Notices. Any notices, bills, invoices, or reports required by this agreement
shall be sufficient if sent by the parties in the United States mail, postage paid, to the
address noted below:
Orange County MAXIMUS, Inc.
208 S. Cameron Street 1100 Logger Court, Suite D-100
Hillsborough, NC 27278 Raleigh, NC 27609
12. Assignment. Consultant agrees not to assign, convey or transfer its interest
in this Agreement to any other entity without the prior written consent of County,
which consent shall not be unreasonably held, provided however, that Consultant may
assign this Agreement to its parent corporation or to an affiliated company that
succeeds to the business of Consultant contemplated herein.
13. Limitation of Liability. Consultant will assume all financial and statistical
information provided to Consultant by County employees or representatives is accurate
and complete. Any subsequent disallowance of funds paid to County under the claim
for whatever reason is the sole responsibility of County. In no event shall either party,
its directors, officers, employees or agents be liable for any special, incidental,
punitive, indirect, or consequential damages arising out of or in connection with the
services provided or software licensed under this agreement, including but not limited
to lost revenue, lost profits, replacement goods, loss of technology rights or services,
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loss of data, or interruption or loss of use of software or any portion thereof, even if
advised of the possibility of such damages. This limitation shall apply to all claims
whether under theory of contract, tort (including negligence), strict liability, or
otherwise. MAXIMUS liability (if any) to County or any third party is limited to the
amount paid to MAXIMUS for software license fees and/or the services.
14. Contingencies. County intends to make all payments required to be made
under the Agreement for the term of the contract. However, in the event, through no
action initiated by County, the County Board of Commissioners does not appropriate
funds for of this Agreement and it has not funds to continue this Agreement from other
sources, this Agreement may be terminated. To effect the termination of this
Agreement, County shall, thirty days prior to the beginning of the fiscal year for which
the Board does not appropriate funds, send written notice to Consultant stating that its
Board failed to appropriate funds.
IN WITNESS WHEREOF, County and the Consultant have executed this
agreement as of the date first written above.
By: ~ ~~~
Dianne L. Mazo
Senior Manager
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County of Orange