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HomeMy WebLinkAboutAgenda - 05-04-2006-5eORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 4, 2006 Action Agenda Item No. _,~, e._ SUBJECT: Cost Allocation Plan Contract DEPARTMENT: Finance PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: Contract Ken Chavious PURPOSE: To consider a contract with MAXIMUS, INC. for the preparation of the County's Cast Allocation Plan. BACKGROUND: Office of Management and Budget Publication A-87 requires Counties receiving federal finds to develop a Cost Allocation Plan annually, Preparation of this plan qualifies the County to receive reimbursement for local resources used to administer certain State and Federally funded programs. In addition, the Cost Allocation Plan is a tool used by staff in developing the full cost of providing certain services. MAXIMUS has provided this service to the County for many years with little or no increases in cost and the work pertormed has been excellent, generating significant indirect cost revenue for the County. The proposed contract for this year reflects no increase in cost. FINANCIAL IMPACT: The cost of the contract for the 2006 Cost Allocation Plan is $9,200 and, as mentioned above, is the same as last year. Funds to pay for the current year contract are budgeted in Central Services. General fund revenues from the State and Federal governments and internal charge backs resulting from the Cost Allocation Plan have been in excess of $800,000 annually aver the past several years. RECOMMENDATION(S): The Manager recommends that the Board approve the contract with MAXIMUS and authorize the Ghair to sign. FY OS Agreement to Provide Professional Accounting Services to Orange County, North Carolina THIS AGREEMENT, entered into this day of , 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 WFIEREAS, 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. Eneagement 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 3 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 ofthis 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. Chances. 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. 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 z Consultant of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. 5 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. CopyriQht. 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 parry, 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, 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. 4 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.. County of Orange By: (County Official) MAXIMUS, Inc, By: Dianne L. Mazo Senior Manager s