HomeMy WebLinkAboutContract 29324 11 -24-03P03 :52 RCVD
AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES
FOR THE
CITY OF FORT WORTH, TEXAS CITY SECRETAR `
CONTRACT NO. oZ9,�;
STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS, the City of Fort Worth desires professional consulting services to
assist in developing an appropriate cost allocation plan concerning City programs
operated with outside funding which are also supported by services paid from the City's
General Fund and paid for by outside users; and
WHEREAS,NL XIlVIUS, Inc., proposes to assist the City of Fort Worth and can
provide knowledgeable staff experienced in the requirements of developing and
negotiating such governmental cost allocation plans; and
WHEREAS, the City of Fort Worth and MAX \4US, Inc., mutually desire to
enter into an agreement whereby, for the below stated consideration, MAXEVIUS, Inc.,
will perform such services as further detailed herein;
NOW, THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS:
That for and in consideration of the mutual covenants; promises and agreements
contained herein, the City of Fort Worth, hereinafter referred to as "City", acting by and
through Charles Boswell, its duly authorized Assistant City Manager, and MAX \4TJS,
Inc. hereinafter referred to as "Consultant" acting by and through Mark Epstein, its duly
authorized President of the Cost Services Division, do hereby covenant and agree as
follows:
1. Employment of Consultant
City agrees to engage Consultant, and Consultant hereby agrees to perform the
professional services as described in this agreement. Consultant shall commence, carry
on and complete its work hereunder with all practical dispatch, in a sound, economical
and efficient manner. Consultant shall take such steps as are appropriate to insure that all
work is properly coordinated with related work being performed by City. Consultant
shall perform its services in a professional manner at all times.
2. Scope of Services by Consultant
Consultant represents that it has, or will, secure at its own expense all personnel required
to perform Consultant's services under this agreement. Such personnel shall not be
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employees of or have any contractual relationship with City. All of the services to be
performed by Consultant shall be performed by fully qualified personnel. Consultant
shall provide at all times a project manager, acceptable to City, employed by it to
coordinate activities hereunder between Consultant and City.
Consultant shall develop three types of central services cost allocation plans:
1. Cost Allocation Plans per OMB Circular A-87 based on actual cost for fiscal years
(FY) 2002, 2003, and 2004.
2. Cost Allocation Plans per OMB Circular A-87 based on budgeted costs for fiscal
years (FY) 2003, 2004, and 2005.
3. Full Cost Allocation Plans based on budgeted costs for fiscal years (FY) 2003, 2004,
and 2005.
The three types of plans enumerated above will identify various costs ("indirect costs")
incurred by City to support and administer non-general fund programs. In accordance
with the United States Office of Management and Budget Circular A-87, as amended,
which is hereby incorporated herein by reference for all purposes, the costs plans will
contain a determination of the allowable costs of providing each support service-
Support services shall be specified in the plans and are those listed in OMB Circular A-
87. The fall cost plan will be prepared in accordance with a fall cost concept, which shall
also incorporate general government costs likewise as specified in OMB A-87.
Consultant shall assist City in preparing claims for, and represent City in any negotiations
pertaining to the possibility of recovering indirect costs funding from federal and/or state
agencies. Consultant shall monitor and report regularly to City on the progress of any
claim procedures and negotiations to insure that City recovers any funding it is entitled
to.
3. Changes
City may, from time to time, require changes in the scope of services of Consultant to be
performed hereunder. Any such changes, which are mutually agreed upon between City
and Consultant shall be incorporated in written amendments(s) to this agreement and
attached hereto. Consultant shall have no obligation to commence work in connection
with any change until the costs of said change and/or any scheduling delay caused by said
change is agreed upon.
4. Services and Materials to be Furnished by City
The Consultant shall provide guidance to the City in determining the data required for
purposes of the contemplated services. The City agrees, to the extent feasible, to provide
all data specifically requested, including documentation and information to the
Consultant in a timely manner. The Consultant shall assume without incurring liability
therefore,that all data so provided is correct and complete.
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5. Term of Contract
The services to be performed hereunder by Consultant shall be undertaken and completed
in such sequence as to assure their expeditious completion and to best carry out the
purposes of this agreement. The term of this agreement shall be from date of final
execution through December 31, 2005.
6. Termination of Agreement
It is agreed that City may cancel or terminate this agreement at any time by written notice
to Consultant with the understanding that, immediately upon the date of termination, all
work hereunder of consultant and its, subcontractors and employees shall cease. In the
event of such termination prior to completion of the work provide for herein, City agrees
to reimburse Consultant for the value of services actually performed prior to the date of
any payments previously made. In no event shall any reimbursements under this contract
exceed the sum of thirty-three thousand dollars ($33,000).
7. Compensation
For each of the three (3) plans to be delivered by Consultant with related services as
outlined in this contract, Consultant hereby agrees that the fees described herein shall
complete the project and all services for said sum. For each of the plans City shall pay
Consultant a fee as set forth below, which shall include all services required herein and
all reimbursement for any expenses incurred.
Year 1 $30,000
Year 2 $31,500
Year 3 $33,000
Option Years 1, 2 and 3 fee will remain the same as Year 3 $33,000.
Consultant will invoice the above when each of the draft plans is completed. The City
will retain 10% of the contractual price of each plan until the final plan is submitted and
accepted by the City. The City will pay the submitted invoices thirty days of receipt of
the invoices and pay the retained 10%within thirty days of receiving each final plan.
8. Ownership of Work Products/Proprietary Rights
City shall be the owner of all work papers created in connection with this agreement.
Consultant shall deliver all such work papers created in connection with this agreement to
City upon completion or termination of this agreement; Consultant shall be entitled to
retain a set of such work papers for its files. City acknowledges that, in the course of
Consultant's performance hereunder, Consultant may use products, materials or
methodologies proprietary to it. City agrees that it shall have or obtain no rights in such
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proprietary products, materials, and methodologies except pursuant to a separate written
agreement executed by the parties hereto.
9. Notices
Any notices, bills, invoices or reports required by this agreement shall be conclusively
determined to have been delivered three days after deposited in the United States mail, in
a sealed enveloped with sufficient postage attached, to the addresses listed below:
City of Fort Worth MAXIMUS, Inc.
Attn: Assistant Finance Director Attn: Cost Services Division President
1000 Throckmorton Street 13601 Preston Road, Suite 40OW
Fort Worth, Texas 76102 Dallas, Texas 75240
10. Records and Audits
Consultant shall maintain complete and accurate records with respect to allowable cost
incurred under this agreement. All such records shall be maintained to generally-
accepted accounting standards and shall be clearly identified and readily accessible to
representatives of City. Consultant shall-provide representatives of City free access to
such books and records, at all reasonable times in order that they may examine and audit
the same and make transcripts there from as necessary for the purposes of this agreement;
such right of access and audit shall continue for a period of three (3) years from date of
final payment under this agreement. In the event any funds payable to City under the
above described plans are disallowed, Consultant will provide audit assistance to City
concerning City's indirect costs.
11. Liability Insurance
It shall be consultant's responsible to see that all of the activities performed pursuant to
the terms of this agreement are covered by commercial general liability and automobile
liability insurance and if applicable, coverage for Workers' Compensation in the
statutorily required amounts. Consultant shall carry the liability insurance with
companies acceptable to City and shall furnish Certificates of Insurance to City before
any work is commenced, as proof that it has secured and paid for policies of insurance
covering all risks of incident to or in connection with the execution, performance,
attempted performance or non performance of this agreement by Consultant.
The amounts of such insurance shall not be less than the maximum liability,which can be
imposed on City under the laws of the State of Texas. At present, such amounts shall be
as follows:
Commercial General Liability (CGL)
$1,000,000 each occurrence
$2,000,000 aggregate limit
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Automobile Liability
$1,000,000 each accident on a combined single limit basis
or
$250,000 Property Damage
$500,000 Bodily Injury per person per occurrence
Workers' Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease—per each employee
$500,000 Disease—policy limit
With the understanding and agreement by Consultant that such insurance amounts shall
be revised upward at City's option and that Consultant shall revise such amounts within
ninety(90) day following notice to Consultant of such requirements.
12. Independent Contractor
Consultant shall operate hereunder as an independent contractor and not as an officer,
agent, servant or employee of City. Consultant shall have exclusive control of, and the
exclusive right to control, the details of its operations hereunder, and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
agents, employees, contractors and subcontractors. The doctrine of respondent superior
shall not apply as between City and Consultant, its officers, agents, employees,
contractors and subcontractors. Nothing herein shall be construed as creating a
partnership or joint enterprise between City and Consultant, its officer's agents,
employees, contractors and subcontractors.
13. Indemnification
Consultant covenants and agrees to, and does herby, indemnify and hold harmless and
defend City, its officers and employees, from and against any and all suits or claims for
damages or injuries, including death, to any and all persons or property, arising out of or
in connection with any negligent act or omission on the part of Consultant, its officers,
agents, servants, employees or subcontractors, and Consultant does hereby assume all
liability and responsibility for injuries, claims or suits for damages to persons or property,
arising out of the performance of this contract as a result of any negligent act or omission
on the part of Consultant, its officers, agents, servants, employees or subcontractors.
14. Consultant Liability if Audited
The Consultant will assume all financial and statistical information provided to the
Consultant by City employees or representatives is accurate and complete. Any
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subsequent disallowance of funds paid to the City under the claims for whatever reason is
the sole responsibility of the City.
15. Third Parties
The City and the Consultant are the only parties to this Agreement and are the only
parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give,
or shall be construed to give or provide, any right or benefit, whether directly or
indirectly or otherwise, to third persons.
16. Non appropriation of Funds
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise
available by any means whatsoever in any fiscal period for quarterly payments due under
this contract, then City will immediately notify Consultant of such occurrence, and this
contract shall be terminated on the last day of fiscal period for which appropriations were
received without penalty or expense to City of any kind whatsoever, except as to the
portions of quarterly payments herein agreed upon for which funds shall have been
appropriated and budgeted or are otherwise available.
17. Discrimination by Consultant
Consultant, in the execution, performance or attempted performance of this agreement,
will not discriminate on any basis made unlawful by State,Federal, or Local law, nor will
Consultant permit its officers, agents, employees or subcontractors to engage in such
discrimination.
This agreement is made and entered into with reference specifically to the ordinances
codified at Chapter 13A, Article III ("Discrimination in Employment Practices"), of the
City Code of the City of Fort Worth, as amended, and Consultant hereby covenants and
agrees that Consultant, its officers, agents, employees and subcontractors, have fully
complied with all provisions of same and that no employee or employee applicant has
been discriminated against by the terms of such ordinances by either Consultant, its
officers, agents, employees or subcontractors.
18. Matters to be Disregarded
The titles of the several sections, subsections and paragraphs set forth in this agreement
are inserted for convenience of reference only and shall be disregarded in construing or
interpreting any of the provisions of this agreement.
19. Venue and Jurisdiction
Should any action, whether real or asserted, at law or in equity, arise out of the execution,
performance, attempted performance or non performance of this agreement, venue for
said action shall lie in Tarrant County, Texas. This agreement and any action in
connection herewith shall be governed, construed and enforced by the laws of the State of
Texas.
20. Severability
In case any one or more of the provisions contained in this agreement shall, for any
reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision of this agreement,which
agreement shall be construed as if such invalid, illegal or unenforceable provision had
never been contained herein.
21. Non assignability
Except as otherwise expressly provided herein, this agreement is non-assignable, and any
unauthorized purported assignment or delegation of any of Consultant's rights or duties
hereunder, without the prior written consent of City, shall be void and constitute a breach
of this agreemerit. This agreement shall be binding upon the parties, their successors and
assigns.
22. Non-Waiver
The failure of City to insist upon the performance, of any term or provision of this
agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of City's right to assert or rely upon any such term or right
on any future occasion.
23. Entirety of Agreement
This written instrument and all attachments incorporated herein by referenced constitute
the entire agreement by the parties hereto concerning the work and services to be
performed hereunder, and any prior or contemporaneous oral or written agreements
which purport to vary from the terms hereof shall be void.
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IN WITNESS WHEREOF, the parties have executed this agreement on this, the
—,&""day of -7'!e-t�Y�m,/ y.. 2003.
ATTEST: CITY OF FORT WORTH
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By: By: -
City Secretary Charles Boswell
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY: C, -(1�0 d
Contract Authorization
ity A orney Date
Date: 16g/0''
ATTE : MAXIIVIUS, Inc.
AAAa(�.�AAAA11%j B
Corporate Secretary Mark Epstein
President Cost Services Division
O,UYVfN ��:. 8
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 10/14/2003
DATE: Tuesday, October 14, 2003
REFERENCE NO.: **C-19808 LOG NAME: 13MAX03
SUBJECT:
Contract with Maximus, Inc. to Develop the Indirect Cost Allocation Plan for the City of Fort Worth
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a contract with Maximus,
Inc. for a three-year term, with the option to renew for three additional one-year periods, for an annual
amount not to exceed $33,000.
DISCUSSION:
The City of Fort Worth provides support services for its federal and state grant funded programs. The
support services may include the costs of building occupancy, equipment usage, procurement, personnel
administration, accounting and other overhead activities, which are charged to the grants as indirect costs.
Before the City can charge indirect costs to grants, it must submit proposed indirect cost rates to the grantor
or*cognizant agency for approval on an annual basis. The proposed rates must be supported by the cost
allocation plan. The Office of Management and Budget, Circular A-87, provides guidelines for identification
and recovery of indirect costs. The grantor or cognizant agency reviews the proposed rates for
acceptability based on its confidence in the reliability of the proposal as a true indicator of the City's
operations.
Three firms responded to the City's request for proposal for professional services to develop cost allocation
plans. The three firms are as follows:
• Maximus, Inc., Dallas, TX
• Public Resource Management Group and Matrix Consulting Group, Austin, TX
Public Consulting Group, Inc., Boston, MA
The recommendation to award the contract to the firm of Maximus, Inc. is based on the overall
responsiveness to the technical qualifications, experience and price of the proposal.
Maximus, Inc., is in compliance with the City's M/WBE Ordinance by committing to 10% M/WBE
participation for the three year contract term including any options to renew. The City's M/WBE goal on this
project is 10%.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds will be available in the FY2003-2004 operating budget, as
Loianame: 13MAX03 Page 1 of 9.
appropriated, of the General Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 531200 0905500 $33.000.00
Submitted for City Manager's Office b Richard Zavala (Acting) (6183)
Originating Department Head: Jim Keyes (8517)
Additional Information Contact: Mae Gray-Rossi (8325)
Loaname: 13MAX63 PaaP ? of