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Agenda - 06-29-2000-8o
4° \~ ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 29, 2000 Action Agenda Item No. g- p SUBJECT: Agreement with Justice Benefits, Inc. DEPARTMENT: Sheriff PUBLIC HEARING: (Y/N) N©- -_ ATTACHMENT(S): Justice Benefits, Inc. General Information Proposed Agreement for Professional Services INFORMATION CONTACT: Sheriff Lindy Pendergrass, ext 2909 TELEPHONE NUMBERS: Hillsborough 732181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider entering into afour--year Agreement with Justice Benefits, Inc. (JBI). BACKGROUND: A contract with Justice Benefits, Inc. will provide assistance to the County in securing appropriate Federal Financial Assistance in recovering additional federal dollars that are due to the County and identifying other revenue sources that could be captured or enhanced by the County. JBI will work with the County to create a baseline report that distinguishes Federal reimbursements that are currently being received by the County and define the new and/or enhanced opportunities for reimbursement. This arrangement has no up-front costs for the County, with the County only compensating JBI based on new revenues actually earned by the County. Any compensation to JBI would be at a rate of twenty-two percent (22%) as a direct result of the work JBI completes for the County. It should be noted that the Alamance County SherifF's Department is in the process of entering this same arrangement with JBI, and the Buncombe County Sherif~Ps Department is currently utilizing JBI's services. FINANCIAL IMPACT: There is no financial impact on the County other than compensating JBI at a rate of twenty-two percent (22%) for any new revenue recovered by the County. RECOMMENDATION(S): The Manager recommends that the Board approve the Agreement with JBI, subject to final review by staff and the County Attorney, and authorize the Chair to sign the Agreement. . 2 Why engage Justice Benef ts, Inc., to find and prepare local justice department Federal claims? EIGHT IMPORTANT REASDNS 1. They have done it before JSI has worked with many local Justice departments to find and develop Federal reimbursement claims. 2. Proprietary software. JSI has. developed software that will compute the claims (and code costs appropriately as allowable and non-allowable). 3. Trained staff: JBI's staff is specifically trained in Federal reimbursement claiming fvr local Justice Departments. 4. Federally approved dacrimentation and jornis. JBI has developed documentation and forms (Federally approved) that will be utilized. S. Training. JBI has developed training syllabuses and documents that will quickly educate the local staff on what is needed. JBI's experts will conduct the training. !i: Specialization. This is JBI's primary business, it is not a sideline. In addition, JBI provides a toll free phone number far support, if needed. 7. Audit support. JBI will defend the claims, if audited. 8. No risk contract. JBI is engaged on a purely contingent fee basis. It costs the client nothing until a claim is paid. Plus, the client has na long term staffing commitments. ~ Justice Benef ts, Inc. HEADQUARTERS 2010 Valley View Lane Suite 300 Dallas TK 75234 (800)835-21b4 ~ Justice Benefits, Inc. REGIONAL OFFICE 905 Nightingale Walk Alpharetta, GA 30022 (770)d67-1458 ~~ ~ ~r rw..wr rr~w ~r :+~: rY~YT~.T./`1 T\ T/'Y 3 COMMON QUESTIONS Q: Should, or could, the local political entity attempt to find and complete the claims itsel A: Few local political entities can afford to hire full time professional staff to look far the endless federal programs offering reimbursement opportunities. Plus, once an opportunity is found, hiring and dedicating a full time staff of specialists to complete a part time task is not cast effective. JBI is a professional services firm that has specialized in fmding and filing federal reimbursement claims. As such, JBI's professional staff is made up of four unique sets of specialists that work with each client in order to, not just prepare a claim, but prepare the optimum claim possible. Overlying JBI's four specialty Teams aze a softwaze support group that has computerized the processes as much as possible; and a Federal Revenue Optimization support group that developed JBI's methodology and procedures and is constantly searching for additional opportunities to enhance the claims. Q: What are the Client's resnonsibilitles? A: JBI's professionals are almost entirely responsible for completing the claim; however, they do need liaison support. Plus, local staff will need to provide documents (electronic or hazd copy). Q: Wh en a e JBI nowT A: State and Federal regulations restrict the filing of retroactive claims. With JBI's expertise (and software) and their working knowledge of Federal reimbursement requirements, the client will be able to commence immediate documentation of Federal claims. If the local Justice department waits to decide, each fiscal quarter that expires without a claim being submitted costs the local political entity twenty five per cent (25%) of one year's reunbursements. Q: What it Federal funding changes. or goes away? A: JBI's experts are constantly monitoring Federal funding changes and, as a result, they keep JHI's clients updated on legislation that directly impacts these claims. JBI's clients desire to receive the optimum Federal funding due them, under current rules. Q: Would it be cost efficient to find and complete the Federal claims "in house"? A: Most local entities are unaware of most esoteric federal funding opportunities that exist. Further, JBI'S contract ensures that the client experiences a net gain, after paying JBI's contingent fees. TT) T 4 JUSTICE BENEFITS, INC. Justice Benefits, Inc. ("JBI") specializes in federal revenue maximization ,for local government Justice departments. Recognizing the lack of adequate resources available to you while the need is tremendous, our objective is to help local Justice departments access new federal funding opportunities. The federal government will reimburse a percentage of local dollars spent for services currently being provided by the Sheriil~s department. Few Counties have the resources to research all of the reimbursement o~partunities. JBI will provide you with the expertise, technology, and manpower to access federal funding opportunities. In addition, JBI completes its contracts on a "no risk" contingency fee basis; i.e., JBI is paid only after the claims have been paid to the county by the federal government. Our federal revenue maximization is accomplished through identifying the federal funding opportunities, applying governmental cost accounting practices, and utilizing our proprietary software programs which allows us to rnaxim;;E the dollars we claim on your behalf. The best part is is that JBI gets results! In 1998, we assisted many of your colleagues! Below are the results of only a few of our engagements: County Population Reimbursements Found by JBI County A 40,000 $ 44,476 County B 65,000 $ 264,292 County C 110,000 $ 236,895 County D 130,000 $ 100,793 County E 144,000 $ 423,459 County F 196,000 $ 678,836 County G 261,000 $ 679,073 County H 511,000 $ 2,693,711 Your County deserves to receive its fair share, too! Justice Benefits, Inc. Justice Benefits, Inc. HEADQUARTERS REGIONAL OFFICE p 2010 Valley View Lane ©905 Nightingale Walk Suite 300 Alpharetta, GA 30022 Dallas TX 75234 (770)667-1458 (800)835-2164 5 JBI's Partial List of Correctional Facility Federal Reimbursement Programs 1. Title II -Social Security Administration 2. Title 1V-D -Child Support Program 3. Title 1V-E --Child Welfare Program 4. Title XVI -Supplemental Security Income 5. Title XIX -Emergency Medicaid 7. Cost Allocation Plan- provided at no cost Direct contracts with: y Other local jurisdictions; s State agencies; and ~ Federal agencies. 8. Special Cfrcumstance Inmate a. Medical Expenses b. Mental Health Ezpenses c. Translator and Transportation Expenses d. Housing and Food Expenses JBI's specialization in federal funds allows you to remain specialized in law enforcement. TT T b JUSTICE BENEFITS, INC. PARTIAL LIST OF REFERENCES LEVY COUNTY, FL (pop: 29K~ Major Mike Johnson 352/486-5111 ESSEX COUNTYt~NJ (pop: 765K) Sharon Holmes 973/364-5386 PIMA COUNT, AZ (pop: 731K) Captain John Alese 520/547-5356 MARION COUNTY IN o : 818K Julie Von Arz 317/26(x0882 Sheriff Jack Cottey 317/231-8206 BOULDER COUNTY, CO„pop: 261K Captain Larry Hank 303/44].-4620 TAT ~.,.,..-.,..,T~T, ,-„-~~,-.-..~.~~r r,.rr .~ AGREEMENT FOR PROFESSIONAL SERVICES between Justice Benefits, Inc.. and Orange County, North Cazolina This Agreement is entered into by and between Orange County, North Cazolina (hereinafter referred to as the "County") and Justice Benefits, Inc., a business unit of Unificaze, LLC, (hereinafter referred to as "JBI"), located at 2010 Valley View, Suite 300, Dallas, TX 75234. WITNESSETH WHEREAS, many of the services provided by the County are fiuided directly by local and state funds when, in fact, some of those services aze eligible for Federal Financial Participation (FFP); and WHEREAS, JBI is willing and able to provide professional assistance to the County in securing appropriate FFP; NOW, THEREFORE, for and in consideration of the mutual covenants and promises recorded herein, the parties hereto agree as follows. ARTICLE I RESPONSIBILITIES OF JBI JBI agrees to perform the following two services: 1. JBI will review the policies and procedures used by the County in order to identify any additional Federal and other revenues sources that could be captured or enhanced by the County and to work with the County to secure those additional revenues. In accomplishing this service JBI will perform the following steps: a. Meet with County officials who represent the programs as agreed tv by the County and JBI; b. Create a baseline report that distinguishes Federal reimbursements that aze currently being received by the county, and defines the new and/or enhanced opportunities far reimbursement. c. Assist the County in its efforts to recover additional federal dollars that are due to the County, as they are identified by JBI; and 8 d. Assist the County in negotiations with Federal agencies to ensure that the County receives the additional revenues identified by JBI. 2. JBI will continually monitor for new opportunities of funding. a. On any new opportunity that arises, the County has sixty (60) days to act on its own. b. If sixty (60) days after an opportunity has become available the County has not acted to claim the new dollazs, JBI then may notify the County of the opportunity, aid the county in claiming the new monies, and is due compensation per Article VI. ARTICLE II RESPONSIBILITIES OF THE COUNTY The County agrees to complete the following activities: 1. Designate a contract monitor who shall: A. Be the person responsible for monitoring JBI's performance under the terms and conditions of this agreement; and B. Authorize payment for services rendered based upon properly submitted invoices to the County in accordance with Article VI of this agreement (i.e. Compensation). 2. Provide JBI with copies of or access to documents and databases that are necessary for the successful completion of work required by this agreement. ARTICLE III NOTIFICATION Any notice, specifications, reports, or other written communications from JBI to the County shall be considered delivered, when posted by certified mail. Any notice, delivered by certified mail to JBI at the address on the first paragraph of this Agreement shall be considered delivered when posted. 9 ARTICLE IV EFFECTIVE TERM Both parties agree that the eiTective term of this Agreement shall be for a four (4) year period beginning with the date of this contract. Provided, however, that either party may cancel this Agreement by giving thirty (30) day's written notice prior to the beginning of the County's fiscal year. Upan receipt of such notice, JBI shall complete the federal reimbursement claims for the fiscal year in which the notice is given. JBI shall be compensated for these final federal claims in accordance with Article VI. ARTICLE V RENEWAL Bath parties agree that upon conclusion this Agreement will automatically be renewed on yeaz-by-year basis, under the same terms and conditions as set forth herein, unless written notice is given at least thirty (30) days_prior to the expiration of this Agreement. ARTICLE VI COMPENSATION Both parties agree as follows: 1. The intent of this agreement is to compensate JBI only for new revenues received by the County that are expressly deemed to be a result of JBI's efforts. The parties agree that JBI will be compensated for new or enhanced revenue sources that directly result from JBI's activities at the following rate: • Twenty-two percent (22%) of all revenue actually earned (prospectively or retroactively) by the County as a direct result of the work JBI completes for the County. 2. JBI will be due its fees on new or enhanced federal reimbursements earned on each program azea JBI identifies or enhances for a minimum two-yeaz period. The initial start date for each program area will be the date the first new or enhanced claim is submitted for reimbursement. JBI's compensation period may be extended beyond the minimum two-year period, depending on renewals that occur with this contract. 3. Both parties recognize that there may be delays in reimbursement to the County by the Federal government. JBI will be reimbursed within three weeks after funds aze actually received by the County and an accurate invoice is delivered to the County by JBI, even if those receipts occur beyond the term of contract. to 4. JBI agrees that should any funds recovered by the County as a result of this agreement be subsequently disallowed, any related fees paid to JBI based on such disallowed reimbursements will be credited against future payments to JBI, or be promptly repaid to the County should this agreement be terminated. JBI's liability is limited to funds paid to, or owed to, JBI as a result of this contract with the County. 5. JBI is not obligated to make the County awaze of absolutely all funding opportunities and is without liability for failure to do so. 6. JBI has the right to review the County's claims, grant- awards, and such books, records, and other documents as may be required to ensure that the payment of JBI's fees is in accordance with this Agreement. 7. JBI covenants and agrees to pay and be solely responsible for all its own staff and out-of- pocket expenses that it incurs in providing services hereunder. ARTICLE VII REPORTS JBI shall furnish the County with periodic reports on the effectiveness of JBI's engagement. A final report shall be made forty-five (4S) days after the termination of this agreement. ARTICLE VIII CONFIDENTIALITY The County and JBI mutually agree that the confidentiality of the information obtained by JBI shall be strictly observed, as permitted by law, in any reporting, auditing, invoicing and evaluation, provided however, that this provision shall be construed as a standazd of conduct and not a limitation upon the right to conduct the foregoing activities. ARTICLE IX DUE AUTHORIZATION The County represents that all necessary approvals for the execution hereof have been obtained and that the person executing this agreement on behalf of the County is authorized to execute this Agreement as the binding act of the County. 4- ~1 ARTICLE X CONTRACT AMENDMENTS The scope of services and related compensation of this Agreement may only be modified with the written consent of both parties. IN WITNESS WHEREOF, Orange County, North Carolina and dBI have executed this Agreement as of the date written below. EXECUTED THIS DAY OF , 2000 SUBMITTED BY: Cathy Fitts Regional Account Manager APPROVED BY: Orange County, North Carolina JBI, a business unit of Unificaze, LLC, Federal Identification Number 75-2795617: Name Tammy R. McKinney Director of Marketing Title