HomeMy WebLinkAbout2000 S Finance - MAXIMUS INC Indirect Cost Allocation Plan Contract FY 99, 00, 01
Agreement to Provide
Professional Accounting Services to
Orange County, North Carolina
THIS AGREEMENT, entered into this day of , 1999 and effective
immediately by and between DMG-MAXIMUS, INC. (hereinafter called the "Consultant")
and Orange County, State of North Carolina (hereinafter called the "County"),
WITNESSETH THAT:
WHEREAS, the County has programs which it operates with Federal funding, and
WHEREAS, the 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, the 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. Employment of Consultant. The County agrees to engage the Consultant and
the Consultant hereby agrees to perform the following services.
2. Scope of Services. The 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 the County to support and administer Federal
programs. This plan will contain a determination of the allowable costs 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 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
March 31 of each of the three succeeding years, for your review and our negotiation with
Federal and State representatives.
4. Compensation. The County agrees to pay the Consultant a sum not to exceed
nine thousand dollars ($9,000), for each fiscal year, 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 throughout the three year term of this contract,
unless the scope of the project is amended in writing by the County. Any and all changes
will be accomplished in accordance with Paragraph 6 of this contract.
FYE 6-30-99 FYE 6-30-00 FYE 6-30-01
$9,000 $9,000 $9,000
5. Method of Payment. The Consultant shall be entitled to payment in accordance
with the provisions of this paragraph. The 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. The County may, from time to time, require changes in the scope of
the services of the Consultant to be performed hereunder. Such changes, which are
mutually agreed upon by and between the County and the Consultant, shall be incorporated
in written amendment to this agreement.
7. Services and Materials to be Furnished by the County. The County shall
locally furnish the Consultant with all available necessary information, data, and material
pertinent to the execution of this agreement. The County shall cooperate with the
Consultant in carrying out the work herein and shall provide adequate staff for liaison with
the Consultant and other agencies of County government.
8. Termination of Agreement for Cause. If, for cause, the Consultant shall fail
to fulfill in timely and proper manner his obligations under this agreement, the County
shall thereupon have the right to terminate this agreement by giving written notice to the
Consultant of such termination and specifying the effective date thereof, at least five (5)
days before the effective date of such termination.
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9. Information and Reports. The 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 as may be requested by the 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 DMG-MAXIMUS, INC.
P.O. Box 8181 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, Consultant may assign, convey
or transfer its interest in this Agreement to an entity which succeeds to substantially all of
the business of Consultant, by merger or otherwise.
13. Consultant Liability if Audited. The Consultant will assume all financial and
statistical information provided to the Consultant by County employees or representatives is
accurate and complete. Any subsequent disallowance of funds paid to the County under the
claim for whatever reason is the sole responsibility of the County.
14. Year 2000. Consultant's proprietary software is subject to evaluation and
testing for Y2K compliance, and either is, or will be, Y2K compliant in a timely manner.
To the extent that Consultant relies on the interface of data from Client software and
hardware, Consultant is unable to make any representations with respect to the interface of
data downloaded from the Client's software and hardware, or that of unrelated third
parties. Except as set forth herein, Consultant makes no representations or warranties with
respect to Year 2000.
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15. Contingencies. The County intends to make all payments required to be made
under the Agreement for the three fiscal years. However, in the event, through no action
initiated by the County, the County Board of Commissioners does not appropriate funds for
the continuation of this Agreement for any fiscal year after the first fiscal year and it has
no funds to continue this Agreement from other sources, this Agreement may be
terminated. To effect the termination of this Agreement, the County shall, thirty days
prior to the beginning of the fiscal year for which the Board does not appropriate funds,
send written notice to the Consultant stating that its Board failed to appropriate funds.
IN WITNESS VvrMREOF, the County and the Consultant have executed this
agreement as of the date first written above.
County of Orange
DAM
&un Official}
DMG-MAXIMUS, INC.
By:,
firno*y McKmme
Vice ent
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