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HomeMy WebLinkAbout10569RESOLUTION NO. 10569 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY AND MAXIMUS, INC. TO UPDATE AND PREPARE A FEDERALLY ACCEPTABLE COST ALLOCATION PLAN AND A FULL COST PLAN AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo General Fund provides services to a variety of entities; and WHEREAS, the City Council of The City of Pueblo desires to know the cost of those services; and WHEREAS, it further desires to allocate these costs in a fair and equitable manner; and WHEREAS, MAXIMUS, Inc. is a consultant with the professional capability to provide these services; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The agreement between the City and MAXIMUS, Inc. to prepare cost allocation plans, and advise City Council on their use, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute the agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. Budget. / ,; s Funding of $4,000 for this agreement is appropriated in the Finance Department 2005 INTRODUCED November 28, 2005 BY Michael Occhiato Councilperson PL400 . it io 9&9 AGENDA ITEM # 8 DATE: NOVEMBER 28, 2005 DEPARTMENT: FINANCE DEPARTMENT ROBERT HAIN, DIRECTOR OF FINANCE TITLE A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY AND MAXIMUS, INC. TO UPDATE AND PREPARE A FEDERALLY ACCEPTABLE COST ALLOCATION PLAN AND A FULL COST PLAN AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve an agreement between the City and MAXIMUS, Inc. for the purpose of preparing a federally acceptable cost plan and developing a full cost plan. In addition MAXIMUS, Inc. will provide training to the City Staff and advise City Council on the use of both cost plans. RECOMMENDATION The Staff recommendation is, Approval of Resolution. BACKGROUND The objective of the services of this agreement is to update the current plan , which is two years old, by providing information to help the city determine the full costs of providing services. The MAXIMUS approach allows The City Council and Management to see how much it costs to provide public and internal services. A cost allocation plan distributes central services and other administrative support costs to the users of those services. Typically these central services include finance, city manager, purchasing, facilities and fleet services, human resources, city attorney, and other functions providing services to other city departments. For outside agencies this list is generally expanded to include public works, community development, parks services and other functions providing services. The generation of a federally acceptable cost plan will allow the City to identify the administrative or overhead costs associated with the administration of grants received. The preparation of a Full Cost Plan is also necessary because it incorporates a broader description of applicable cost than that allowed by the federal government when used in the determination of user fees. A cost allocation plan is essential for the development and consideration of costs included in a fee study, which will need to be commissioned under a subsequent agreement. FINANCIAL IMPACT The fees for these services are $4,000, which are appropriated in the 2005 Finance Department Budget. AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES CITY OF PUEBLO, COLORADO THIS AGREEMENT, entered into this 28th day of November 2005, and effective immediately by and between MAXIMUS, Inc. (hereafter called "Consultant "), and the City of Pueblo, Colorado (hereinafter called the "City "), WITNESSETH THAT: WHEREAS, the City has programs and services which it operates with outside funding, and supports these programs and services with support and administrative services paid from the City's general fund; and WHEREAS, the City also desires to know the overhead costs associated with other programs and services not operated with outside funding; and WHEREAS, Consultant is staffed with personnel knowledgeable and experienced in the requirements of developing and negotiating governmental cost allocation plans; and WHEREAS, the City desires to engage the Consultant to assist in developing a cost allocation plan, which conforms to Federal Agency requirements and will be approved by their representatives, as well as a full cost allocation plan for programs and services not related to Federal requirements; NOW, THEREFORE, the parties hereto mutually agree as follows: 1. EMPLOYMENT OF CONSULTANT The City 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. Provide technical assistance for the completion of an OMB A -87 compliant central services cost allocation plan, based on actual costs for the year ended December 31, 2004, which identifies the various costs incurred by the City to support and administer non - general fund programs and services. B. Assistance in the negotiation of the completed cost allocation plan with the appropriate Federal and /or State Representatives if such negotiation is requested by those representatives. C. Provide technical assistance for the completion of a full cost allocation plan based on actual costs for the year ended December 31, 2004, which identifies administrative or indirect costs provided by central support services, as well as some departmental overhead costs accrued by the City to support and administer with respect to programs and services not operated with outside funding. D. Consultant will provide a set of forms and spreadsheets to be completed by the City in order to provide information electronically, to be entered into Consultant's software to produce the cost plans. Consultant will not provide interviews or extensive data analysis for this technical assistance project. 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. 4. COMPENSATION The City agrees to pay the Consultant a sum not to exceed FOUR THOUSAND Dollars ($4,000) for completion of the OMB A -87 compliant plan and the full cost plan. Consultant agrees to complete the project and all services provided herein for said sum. 5. METHOD OF PAYMENT Consultant shall be entitled to payment in accordance with the provisions of this paragraph. Upon delivery of the draft cost plan to the City, Consultant will invoice the City for 70% of the contract amount. The remaining 30% will be invoiced by the Consultant upon finalization of the cost plan. 6. CHANGES The City 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 City and Consultant, shall be incorporated in written amendment to this Agreement. 7. SERVICES AND MATERIALS TO BE FURNISHED BY CITY The City shall furnish the Consultant with all available necessary information, data, and materials pertinent to the execution of this Agreement, and such information shall be kept confidential by the Consultant. The City shall cooperate with the Consultant in carrying out the work herein, and shall provide adequate liaison between the Consultant and other agencies of City government. 8. INFORMATION AND REPORTS The Consultant shall, at such time and in such form as the City may require, furnish such periodic reports concerning the status of the project, such statements, certificates, approvals, and other information relative to the project as may be requested by the City. All documents and other materials prepared or developed in relation with or as part of the project shall be the property of the City and kept confidential by the Consultant. 9. RECORDS AND INSPECTION The Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement. The City shall have free 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. 10. 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. In accomplishing the project, the Consultant shall take such steps as are appropriate to insure that the work involved is properly coordinated with related work being carried on in the City. 11. PROVISIONS CONCERNING CERTAIN WAIVERS Subject to applicable law, any right or remedy which the City may have under this contract may be waived in writing by the City by a formal waiver, if, in the judgment of the City, this contract, as so modified, will still conform to the terms and requirements of pertinent laws. 12. 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. 13. 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. 14. CITY NOT OBLIGATED TO THIRD PARTIES The City shall not be obligated or liable hereunder to any party other than the Consultant. 15. WHEN RIGHTS AND REMEDIES NOT WAIVED In no event shall the making by the City of any payment to the Consultant constitute or be construed as a waiver by the City 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 City while any such breach or default shall exist in no wise impair or prejudice any right or remedy available to the City in respect to such breach or default. 16. PERSONNEL The Consultant represents that it has, or will secure at its own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any contractual relationship with the City. 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 fully qualified to perform such services. The relationship between the Consultant and the City is purely contractual and that of an independent contractor. 17. CONSULTANT LIABILITY IF AUDITED The Consultant will assume all financial and statistical information provided to the Consultant by the City's employees or representatives is accurate and complete. Any subsequent disallowance of funds paid to the City under the plans is the sole responsibility of the City. The Consultant will, however, provide assistance to the City should an audit be undertaken of City indirect costs and cost allocation plan. 18. ASSIGNMENT Consultant agrees not to assign, convey or transfer its interest in this Agreement to any other entity without the prior written consent of the City, 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. 19. TERMINATION City may terminate this Agreement with or without cause upon giving thirty (30) days written notice to Consultant. In the event of termination by City without cause, Consultant shall be entitled to be paid for services and expenses incurred through the effective date of termination. 20. COPYRIGHT Client acknowledges that the software which generates the report format and the report format to be provided by Consultant are copyrighted. Consultant shall ensure that all copies of its report bear the copyright legend. Client agrees that all ownership rights and copyrights thereto lie with Consultant. Client may use the plans and reports prepared or developed as part of the services under this agreement solely for and on behalf of Client's operations. Client 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. 21. LIMITATION OF LIABILITY 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 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. contractor's liability (if any) to the department or any third parry is limited to the amount paid to contractor for the services." 22. NOTICES Any notices, bills, invoices, or reports required by this Agreement shall be sufficient if sent by the parties hereto in the United States mail, postage paid, to the addresses noted below: City of Pueblo, Colorado MAXIMUS, Inc. 1 City Hall Place 10200 E. Girard Avenue, B -223 Pueblo, CO 81003 Denver, CO 80231 Attn: Robert Hain Attn: Anita J. White IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the date first written above. President of City Council of City oV,4eblo, Colorado M rt D. Sco lling, Jr Attest: 1 1, a ti MAXIMUS, Inc. 51 - By Date J f, �' d A ITA J. WHITE Director