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HomeMy WebLinkAbout1997 S Agreement - Finance - David M Griffith and Associates, LTD for Professional Accounting Services FY 96 Agreement to Provide Professional Accounting Services to Orange County, North Carolina THIS AGREEMENT, entered into this /? ►day of Ie4rua.r,( 1997 and effective immediately by and between David M. Griffith & Associates, Ltd. (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, dis- bursement 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 April 30 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 eight thousand five hundred dollars ($8,500) for all services required herein, 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. 5. Method of Payment. The Consultant shall be entitled to payment in accordance with the provisions of this paragraph. First, the Consultant will be entitled a fixed amount as indicated above. Second, Consultant's fees are due upon the rendering of a bill upon the completion of an approvable plan. All funds received from the plan above the Consultant's fee will accrue solely to the County. 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 any 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. 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. ColRyright. 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: David M. Griffith & Associates, Ltd. 1100 Logger Court, Suite D-100 Raleigh, North Carolina 27609 12. 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 Orange 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 affect 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 WHEREOF, the County and the Consultant have executed this agreement as of the date first written above. County of Orange o 44 By:_WJL&VA L - (County Official) David M. Griffith & Associates, Ltd. By*�'�� '--lunothylA McKinnie Vice Pies' ent