HomeMy WebLinkAboutContract 29324-A2 CITY SECRETARY
CONTRACT NO. - a
AMENDMENT TO CITY SECRETARY
CONTRACT NO. 29324
STATE OF TEXAS §
COUNTY OF TARRANT §
WHEREAS, on November 26, 2003, the City of Fort Worth ("City" or "Client") and
Maximus Consulting Services,Inc.,("Consultant"),made and entered into City Secretary Contract
("CSC")No. 29324 ("Contract"); and
WHEREAS,the Contract was entered into by both parties with the intent that the initial term
would be for three years with three optional one-year renewal periods; and
WHEREAS,the Contract did not set forth the option to have three one-year renewal periods;
and
WHEREAS,on or about December 19,2005,the parties subsequently amended the Contract
via CSC No. 32915 ("Amendment")to provide for the three optional one-year renewal periods;and
WHEREAS, CSC No. 29324 and CSC No. 32915 shall collectively be referred to as the
"Agreement;" and
WHEREAS,it is the mutual desire of the parties to further amend the Agreement to extend
the term and to increase the scope and payment under the Agreement.
NOW,THEREFORE,the City, whose address is 1000 Throckmorton Street, Fort Worth,
Texas 76102, acting by and through Karen L. Montgomery, its duly authorized Assistant City
Manager, and Consultant, whose address is 13601 Preston Road, Suite 201 East, Dallas, Texas
75240,acting by and through its duly authorized representative,individually referred to as a"party,"
collectively referred to as the "parties," do hereby agree as follows:
I
2. Scope of Services by Consultant This section is hereby amended to be and read as
follows:
Consultant represents that it has, or will secure at its own expense, all personnel required in the
performance of services under this Agreement. Consultant reserves the right to subcontract for
services hereunder. Consultant agrees to notify Client in writing of any such subcontracts.All of the
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Amendment to CSC No.29324
Services Agreement%ith Maximus Consulting Services. Inc.
services required hereunder will be performed by Consultant or under its supervision, and all
personnel engaged in the work shall be fully qualified to perform the services described herein.
Consultant shall commence, carry on, and complete the services with all practicable dispatch, in a
sound,economical,and efficient manner,in accordance with the provisions herein and all applicable
laws.
Cost allocation plan services, including:
• Phase I
2008-2009 Fiscal Year Services: Budget 2009 Full Cost, Budget 2009 OMB, and Actual
2008 OMB
• Phase II
2009-2010 Fiscal Year Services: Budget 2010 Full Cost, Budget 2010 OMB, and Actual
2009 OMB
The Cost allocation plans will identify various costs("indirect costs")incurred by the City to support
and administer non-general fund programs. In accordance with the United States Office of
Management and Budget Circular A-87(2 CFR Part 225),as amended,which is hereby incorporated
by reference for all purposes, the cost plans will contain a determination of the allowable costs of
providing each support service. Support services to be specified in the plans are those listed in OMB
Circular A-87. The full cost plans will be prepared in accordance with a full cost concept, which
shall also incorporate general government costs likewise as specified in OMB A-87. Consultant
shall assist City in preparing reimbursement requests and represent City in any negotiations
pertaining to the possibility of recovering indirect cost funding from federal and/or state agencies.
Consultant shall monitor and report regularly to the City on the progress of efforts to secure
reimbursements to which the City may be entitled. Consultant shall be entitled to rely on the
accuracy of data the City provides, as this project is not an audit.
Consultant shall defend the City under audit for a period of three(3)years without cost to the City.
II.
S. Term of Contract This section is hereby amended to add the following and read as
follows:
The term of this Agreement shall be extended to begin on the date of final execution and end upon
completion of all services contemplated herein,plus any amendments,but shall not extend beyond
June 30, 2010 without the express mutual written consent of both parties.
III.
7. Compensation This section is hereby amended to be and read as follows:
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Amendment to CSC No.29324
Services Agreement with Maximus Consulting Services. Inc.
City agrees to pay Consultant compensation in an amount not to exceed$66,000.00 for both phases
of this Agreement,inclusive of all services required herein and all reimbursement for any expenses.
The fee shall be$33,000 to be paid for Phase I,and$33,000 to be paid for Phase II.Consultant shall
invoice City upon completion of each phase.All invoices shall be paid by the City within thirty(3 0)
days of receipt.Ninety-five percent(95%)of the fee for each phase shall be due upon submission of
each draft plan by the Consultant to the City. The remaining five percent (5%) of the fee for each
phase shall be due upon receipt by the City of the final plan from the Consultant. Invoices shall
provide detail sufficient to City's requirements.
IV.
11. Liability Insurance This section is hereby amended to be and read as follows:
It shall be responsibility of Consultant to ensure that all of the activities performed pursuant to the
terms of this agreement are covered by commercial general liability, professional liability,
automobile liability and if applicable, Workers' Compensation coverage in the statutorily required
amounts.
Consultant shall secure insurance liability coverage in the following amounts:
Commercial General Liability (CGL)
$250,000.00 Each occurrence
Automobile Liability
$1,000,000.00 Combined single limit
The automobile liability shall apply to all vehicles of Consultant, whether owned or non-
owned
Workers' Compensation
Statutory Limits
Employer Liability
$100,000.00 Each accident/occurrence
$100,000.00 Disease—per each employee
$500,000.00 Disease—policy limit
Professional Liability
$1,000,000.00 Each occurrence
$1,000,000.00 Aggregate Limit
Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be
delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement.All
policies shall be endorsed to name the City as an additional primary insured thereon,as its interests
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Amendment to CSC No. 29324
Services Agreement Nith Maximus Consulting Services. Inc.
may appear. The term City shall include its employees, officers, officials, agent, and volunteers in
respect to the contracted services. Any failure on the part of the City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.A minimum of thirty(30)
days notice of cancellation or reduction in limits of coverage shall be provided to the City.Ten(10)
days notice shall be acceptable in the event of non-payment of premium. Such terms shall be
endorsed onto Consultant's insurance policies. Notice shall be sent to the Risk Manager, City of
Fort Worth, 1000 Throckmorton,Fort Worth, Texas 76102,with copies to the City Attorney at the
same address.
V.
14. Consultant Liability if Audited This section is hereby amended to be and read as
follows:
Liability
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 subsequent
disallowance of funds paid to the City under the claims for whatever reason is the sole responsibility
of the City.
Limitation of Liability. In no event shall either party,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. Consultant general liability(if any)to customer
or any third party is limited to $150,000.
VI.
All other terms and conditions of City Secretary Contract No. 29324, as amended by CSC No.
32915, not amended herein remain unchanged and in full force and effect,and are binding upon the
parties, and are hereby ratified by the parties.
[Signature Page Follows]
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Amendment to CSC No.29324
Services Agreement xvith Maximus Consulting Services, Inc.
IN WITNESS WHE"OF, the parties ave executed this contract amendment in Fort Worth,
Texas on this the day of , 2009.
CITY OF FORT WORTH: ATTEST:
1� ^^
By: 4V-11-w By: V V l
Karen L. Montgomery Marty Hend
Assistant City Manager City Secretary
Date: / oz.)-c/o ? Date: 1 Z3 I b
APPROVED AS TO FORM CONTRACT AUTHORIZATION:
AND LEGALITY:
By: M&C: G-16661
Maljs-h-iV B. Farmer Date Approved: 8/18/09
Assistant City Attorney
MAXIMUS CONSULTING ATTEST:
SERVICE C.
BY By:
N Frank J. Mirkow Name:
T* e: Director of Contracts Title:
// Senior Counsel
Date:
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Amendment to CSC No.29324
Services Agreement xti°ith Maximus Consulting Services. Inc.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/18/2009
DATE: Tuesday, August 18, 2009 REFERENCE NO.: **G-16661
LOG NAME: 13MAXIMUSFY09
SUBJECT:
Authorize an Amendment to the Professional Services Agreement with MAXIMUS, Inc., for Indirect Cost
Allocation Plan Services for the Financial Management Services Department for an Amount up to
$66,000.00
RECOMMENDATION:
It is recommended that the City Council authorize an amendment to the professional services agreement
with MAXIMUS Inc., for indirect cost allocation plan services for the preparation of the Federal Office of
Management and Budget (OMB) Plan and the Full Cost Allocation plan for the Financial Management
Services Department for an amount up to $66,000.00.
DISCUSSION:
On October 14, 2003, (M&C C-19808) the City Council authorized the City Manager to execute a three-
year contract with MAXIMUS, Inc., with the option to renew for three additional one-year periods to
provide indirect cost allocation plan services. The contract expired upon the completion of the fiscal year
2008 Budget Plan, fiscal year 2008 OMB Budget Plan, and fiscal year 2007 Actual OMB. This action will
extend the contract through June 30, 2010.
The City 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 Financial Management Services staff is recommending continuing with MAXIMUS, Inc., through the
completion of 1) the fiscal year 2009 Budget Plan, fiscal year 2009 OMB Budget Plan, and the fiscal year
2008 Actual OMB; and 2) fiscal year 2010 Budget Plan, fiscal year 2010 OMB Budget Plan, and fiscal
year 2009 Actual OMB. Each cycle includes the Budget Plan for the current year, OMB Plan for the
current year and the Actual OMB for the previous year.
The cost allocation plans distribute expenditures from central service departments (i.e. Human Resources,
Financial Management Services, City Manager's Office, etc.) to various City activities. These reports are
prepared in accordance with the United States Office of Management and Budget Circular A-87 (2 CFR
Part 225), as amended, which contains a determination of the allowable costs of providing each support
service. The Budget Plan identifies all indirect costs incurred by a particular department and quantifies
Administrative Transfers, Privatization Studies, Cost of Services, Activity Based Costing and Internal
Service Fund Chargebacks. The OMB Budget Plan is used for Federal/State Reimbursements and
Administrative Transfers and it identifies only costs that are allowable pursuant to OMB A-87. The OMB
Actual Plan provides a recap of the OMB Budget Plan, but it is based on actual, year-end values instead
Logname: 13MAXIMUSFY09 Page 1 of 2
of the budgeted values. All plans are prepared in conformity with Generally Accepted Accounting
Principles.
MAXIMUS, Inc., is familiar with the City's reporting structure, financial reports and procedures which will
facilitate the preparation of the cost plans. Continuing with MAXIMUS, Inc., will prevent a drain on current
City resources and allow staff to focus on daily tasks and remain on target for completion of the Fiscal
Year the 2009 Comprehensive Annual Financial Report.
M/WBE: Maximus, Inc., is in compliance with the City's M/WBE ordinance by committing to 10 percent
M/WBE participation. The City's goal on this project is 10 percent.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendation,
funds are available in the current operating budget, as appropriated, of the General Fund.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 531200 0131010 $66,000.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Karen Montgomery (6222)
Originating Department Head: Lena Ellis (8517)
Additional Information Contact: Greg Jordan (8843)
ATTACHMENTS
1. 13MAXIMUSFY09.pdf (CFW Internal)
2. M&C MAXIMUS.doc (CFW Internal)
3. m&cfundlog.pdf (CFW Internal)
4. m&cfundlog2.pdf (CFW Internal)
5. maximus compliance.pdf (CFW Internal)
6. MAXIMUS.doc (CFW Internal)
Logname: 13MAXIMUSFY09 Page 2 of 2