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07/08/1998 AgreementAGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES TO MONROE COUNTY THIS AGREEMENT, entered into this day of V' , 1998, and effective immediately by and between David M. Griffith and Associates, Ltd., an Illinois corporation authorized to do business in the State of Florida, (hereinafter called the "Consultant") and Monroe County, a county of the State of Florida, (hereinafter called "County"), WITNESSETH THAT, WHEREAS, the County provides certain services to outside entities and internal departments; and, WHEREAS, the County desires that charges for these services reflect the full cost of services provided; and, X %0 -q C) COr= �, rn WHEREAS, the Consultant is staffed with personnel knowledgeable and expekuen l ffi-the-�' requirements of developing and negotiating such governmental Qj�, Ullo( Torn plans; and z - �0 70 rn WHEREAS, the County desires to engage the Consultant to assist in developnigL%n 6MBo Circular A-87 cost allocation plan. a rn o 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. Preparation of indirect cost allocation plan based on actual expenditures for fiscal year 1997. b. Preparation of an OMB Circular A-87 cost allocation plan based on actual expenditures for fiscal year 1997 C. Preparation of indirect cost proposals and indirect cost rates, as necessary. Exhibit A defines the work plan for the above services (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 this agreement. All services required hereunder shall be completed within ninety days of initiation of the project unless such date is extended in 1998, DMG-MAXIMUS Monroe County Contract for Page ] Cost Allocation Plan-FY97 writing. Provided, however, that Consultant shall not be liable for delays caused in whole or in part by County. (4) Compensation. The County agrees to pay the Consultant fees, License fee and expenses not to exceed eight thousand five hundred and no/100`h dollars ($8,500). The County agrees to pay the Consultant within (15) fifteen days of invoice date. (5) Consultant Fees. The fee compensation described in number four (4) above is estimated based on the expected level of involvement of Consultant staff. (6) Method of Payment. The Consultant shall invoice the County sixty percent (60%) of the contract amount upon completion of draft report, thirty percent (30%) of the contract amount upon completion of final report, and ten percent (10%) upon approval by the Monroe County Board of County Commissioners. (7) Changes. The County may, from time to time, require changes in the scope of 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. (8) Services and Materials to be Furnished by the County. The County shall 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 the County. (9) Termination of Agreement for Cause. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his obligation 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. The County shall pay Consultant for services rendered and expenses incurred through the effective date of termination. (10) 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. (11) Records and Inspections. The Consultant shall maintain full and accurate records with respect to all matters covered under this agreement. The County shall have reasonable access at all proper times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. 1998, DMG-MAXIMUS Monroe County Contract for Page 2 Cost Allocation Plan-FY97 (12) Copyrighted Materials. The County acknowledges that the reports to be provided by Consultant are copyrighted. County agrees that copyrights thereto lie with Consultant. The County will own the final report but will not use or re -use any proprietary software or processes disclosed to the County during the preparation of the report. County may use them 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. (13) Accomplishment of Project. The Consultant shall commence, carry on, and complete the project with all practicable dispatch, in a sound, economical, and efficient manner in accordance with the provisions thereof and all applicable laws. (14) Matters to be Disregarded. The titles of the several sections, subsections, and paragraphs set forth in this contract are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this contract. (15) Completeness of Contract. This contract and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. (16) County Not Obligated to Third Parties. The County shall not be obligated or liable hereunder to any party other than the Consultant. (17) When Rights and Remedies Not Waived. In no event shall the making by the County of any payment to the Consultant constitute or be construed as a waiver by the County of any breach of covenant, or any default which may then exist, on the part of the Consultant, and the making of any such payment by the County while any such breach or default shall exist in no way impair or prejudice any right or remedy available to the County in respect to such breach or default. (18) Personnel. The Consultant represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. All of the services required hereunder will be performed by the Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. (19) Consultant Liability. a) If Audited. The Consultant will assume, without incurring any liability therefore, that all financial and statistical information provided to the Consultant by the County, its employees or representatives is accurate and complete. The County, its employees or representatives further assume all responsibility for accurate and timely provision of relevant information to Consultant. Consultant shall assist County, its employees or representatives in identifying relevant information. The County hereby agrees to bear 1998, DMG-MAXIMUS Monroe County Contract for Page 3 Cost Allocation Plan-FY97 any and all costs and expenses associated with the denial of funding applications or any subsequent disallowance of funds paid to the County, due to inaccurate. incomplete, or untimely information provided by the County, or due to the Consultant's legitimate efforts to optimize funding assistance. b) Limitation of Liability. The County agrees that the Consultant's total aggregate limit of liability hereunder (whether in contract, statutory or otherwise) for damages on one or more of all claims (regardless of the number of different or other claims or occurrences) arising out of Consultant's performance under this agreement shall not exceed the Contract amount. The County further agrees that consultant shall not be liable to the County for any indirect, incidental, special or consequential damages arising out of or in connection with the Consultant's performance hereunder. (20) Assignment. Consultant agrees not to assign, convey or transfer its interest in the Agreement to any other entity without the prior written consent of Client, which consent shall not be unreasonably withheld. 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. (21) This contract is governed by the laws of the State of Florida. Venue for any litigation arising under this contract must be in Monroe County, Florida. (22) 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: Mr. John Carter, Director Office of Management and Budget County of Monroe 5100 College Road Key West, Florida 33040 (305) 292-4470 Ms. Betty Armstrong Vice President David M. Griffith & Associates, Ltd. 1621 Metropolitan Blvd., Suite 201 Tallahassee, Florida 32308 (850) 386-1101 IN WITNESS WHEREOF, the County and the Consultant have executed this agreement as of the date first written above. By: By: y Betty O. rmstrong, Vice President Date: 7 - 8 - 9c6 Date: Attest: Attest:V: (sue ATTES • DANNY L. KOLHAGE CLERK "•,• D-PU7YCLERK��� f F 1998, DMG-MAXIMUS Monroe County' Cost Allocation Page 4 MONROE COUNTY COST ALLOCATION PLAN (CAP) Work Plan Exhibit A This work plan is concerned with those tasks necessary to develop data needed for the two cost allocation plans and come to successful completion of each plan. It should be noted that each task is not necessarily a critical step in the process of completing the project. For example, the development of allocation base data (Task #9) will be conducted throughout the project as data reports are received, and interviews with County staff (Task #7) will be held throughout the period of on -site work, depending on the availability of appropriate County staff. Task 1. Prepare Schedule of Required Financial/Statistical Data. Due to our experience in preparing cost plans for counties of similar size and structure, the DMG project team is familiar with pertinent financial/statistical reports maintained by the County and the nature of productivity/workload distribution data recorded by its administrative support units. Before beginning on -site work, a schedule of these reports will be prepared and presented to the appropriate County personnel to initiate the collection of data required for the project. Task 2. Review Data for Changes in Account Code/Organization Structure. Budget documents, organizational charts and year-end financial reports will be reviewed to determine what organizational changes may have been implemented during FY 1996-97 and are expected for FY 1997-98. Such changes may indicate changes in the structure and format of cost centers reflected in cost plan detail. This task includes preparation of a schedule of all cost center codes under which expenditures were recorded and careful comparison to previous years' schedules. During this initial review of expenditure data, certain critical data such as salary expense per index will also be recorded. Task 3. Review the County's Inventory of Federal/State Grant Programs. Review of financial reports and discussions with appropriate County staff will be conducted to determine the structure of cost centers needed in the A-87 Plan to best suit the grants management needs of the County. Task 4. Meet with County Staff to Confirm Organizational Changes and Cost Center Classifications. Based upon the result of Task 2, the Project Manager will meet with appropriate County staff to confirm any evident changes, determine their impact on the plan structure, and discuss any other changes in plan structure that may better serve the present and future needs of County management. Exhibit A MONROE COUNTY COST ALLOCATION PLAN (CAP) Page 2 Task 5. Analyze/Record ISF Direct Costs and Direct Billings. An accurate presentation of residual costs associated with the operations of the County's ISF units is the single most critical issue in the preparation of the Plan. The level of detail contained in the County's statistical reports of direct billings per cost center and the required care in preparing this information make this task critical in preparing the Full Cost Plan. Task 6. Establish and Classify Plan Cost Centers. The level of detail within the County's code structure required for cost centers to be reflected in the plans will be determined. Each cost center will be classified either as a "central service" (source of indirect costs) or "receiving" (receiver of indirect costs) department for plan purposes. From these determinations, the basic structure of the plans will be developed using the New Griffith Cost System II (NGCSII) software. Task 7. Interview Central Service Staff. Interviews with managers of appropriate County staff will be scheduled and held to carefully determine what variety of distinct administrative functions may exist within a single administrative cost center. The best rationale for distributing the administrative unit's costs across those internal functions and the best available statistical indicator to be used for allocating each functions costs to user cost centers will also be identified. Task 8. Record Administrative Costs. Actual costs of each administrative cost center for the year ended September 30, 1997 will be recorded and distributed by functional activity using NGCSII. Task 9. Develop Allocation Base Data. This task of the project involves the analysis of a diverse variety of statistical reports and other information collected as the best available indicators of relative levels administrative support provided by administrative units to their respective users. Depending upon the level of cost center detail reflected in these reports, allocation base data will be summarized or extrapolated to correlate with the level of detail upon which the plans will be structured. Follow-up discussions with appropriate County staff may be necessary to complete this task. Task 10. Review Administrative Cost Centers for Costs Recovered by Direct Billings, Budget Transfers, etc. Occurrences of reimbursements to administrative units directly or to the General Fund which may not be readily apparent from financial records reviewed will be determined. These costs will be examined and appropriate adjustments of allocable cost will be made. Exhibit A MONROE COUNTY COST ALLOCATION PLAN (CAP) Page 3 Task 11. Supervise and Verify Data Entry. The Project Manager will be responsible for supervising and verifying the accuracy and completeness of data entered into NGCSII. Advanced data editing and verification capabilities are major enhancements incorporated into the current DMG software. Task 12. Review First Drafts of Full -Cost Plan. The Project Manager will carefully review the summary and detail schedules produced in the Full -Cost Plan for accuracy and clarity of presentation. This analysis will be presented in worksheet form to appropriate County staff to assist their review of the first drafts. Task 13. Present First Drafts and Workpapers to the County. The desired number of copies of the first drafts of Full -Cost Plan will be presented to the County along with the comparative analysis described above and a written report explaining any significant changes reflected in the first draft. Any material weaknesses in the plan which might be remedied by improved cost or allocation base data will also be highlighted in this report. This task also includes time devoted to receiving and responding to questions and comments received from County staff during their review of the draft plans. During this period of review, all workpapers used in the preparation of the plan will be available to County staff upon request. Task 14. Revise Plan to Final Form and Present to County. Following completion of the County's review of the draft plans and receipt of any requests for changes, plan data will be revised and four (4) copies of each plan will be presented to the County.