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HomeMy WebLinkAboutResolutions - 1999.12.16 - 25651Public Services Committe, ,MISCELLANEOUS RESOLUTION # 99301 November 18, 1999 By: Public Services Committee, Frank H. Millard, Chairperson IN RE: Sheriff's Department- Professional Services Contract for Justice Benefits, Inc. To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS Oakland County has historically demonstrated a commitment to enhancing revenue capabilities; and WHEREAS the Sheriff is proposing that the County enter into a contract with a private firm to review and secure any additional Federal and other revenue sources that could be captured or enhanced by the County and to work with the County to secure those additional revenues in the areas of Corrections; and WHEREAS the professional services contract with Justice Benefits, Inc., is on an enhanced revenue concept, meaning that no obligation for payment is expected unless revenues are increased; and WHEREAS the County is desirous of supplementing local tax dollars with revenue enhancements to help defray the increasing costs of housing inmates; and WHEREAS contracting with this firm would offer several strategic advantages, including: 1) upgrade funding competitiveness and improve return of federal revenues in the corrections area, 2) establish integrated federal revenue maximization in the corrections area, and 3) provide the resources to search and retrieve the proper funding that may be available for Oakland County in the Corrections area; and WHEREAS Corporation Counsel has reviewed the professional services contract and is in agreement; and WHEREAS acquisition of a professional services contract for federal revenue maximization to enhance funding in the Corrections area for the County is recommended by the County Executive. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the professional services contract for Justice Benefits, Inc. BE IT FURTHER RESOLVED that any revenue enhancements that occur would be reported on a quarterly basis by the Department of Management & Budget, and that any payments to Justice Benefits, Inc., would need the approval of the Director of the Department of Management & Budget and that such expenditures would come from the increased revenues. BE IT FURTHER RESOLVED that all revenues applied for and received be in accordance with County policy and that Justice Benefits, Inc., be legally responsible for any audits that may occur as a result of increased Federal revenues. Chairperson, on behalf of the Public Services Committee, I move the approval of the foregoing resolution. PUBLIC SERVICES COMMITTEE VOTE: Motion carried unanimously on a roll call vote with Galloway absent. AGREEMENT FOR PROFESSIONAL SERVICES between Justice Benefits, Inc. and Oakland County, Michigan This Agreement is entered into by and between Oakland County, Michigan (hereinafter referred to as the "County") and Benefits, Inc., a business unit of Unificare, 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 funded directly by local and state funds when, in fact, some of those services are eligible for Federal Financial Participation (FFP); and WHEREAS, JBI is willing and able to provide professional assistance to the County in securing appropriate FFP as it relates to corrections matters only; 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: Meet with County officials who represent the programs as agreed to by the County and JBI; Create a baseline report that distinguishes Federal reimbursements that are currently being received by the county, and defines the new and/or enhanced opportunities for reimbursement. Assist the County in its efforts to recover additional federal dollars that are due to the County, as they are identified by JBI; and Assist the County in negotiations with Federal agencies to ensure that the County receives the additional revenues identified by JBI. JBI will continually monitor for new opportunities of funding. On any new opportunity that arises, the County has sixty (60) days to act on its own. If sixty (60) days after an opportunity has become available the County has not acted to claim the new dollars, 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: Designate a contract monitor who shall: Be the person responsible for monitoring JBl's performance under the terms and conditions of this agreement; and Authorize payment for services rendered based upon properly submitted invoices to the County in accordance with Article VI of this agreement (i.e. Compensation). Provide RI 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. ARTICLE IV EFFECTIVE TERM Both parties agree that the effective 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. Upon 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 Both parties agree that upon conclusion this Agreement will automatically be renewed on year-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: The intent of this agreement is to compensate Ail only for new revenues received by the County that are expressly deemed in the County's sole discretion to be a result of JBl's efforts. The parties agree that JBI will be compensated for new enhanced revenue sources that directly result from JBl'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 RI completes for the County. JBI will be due its fees on new or enhanced federal reimbursements earned on each program area MI identifies or enhances for a minimum two-year period. The initial start date for each program area will be the date the first new or enhanced claim is submitted for reimbursement. JBl's compensation period may be extended beyond the minimum two-year period, depending on renewals that occur with this contract. 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 are actually received by the County and an accurate invoice is delivered to the County by MI, even if those receipts occur beyond the term of contract. 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. J131's liability is limited to funds paid to, or owed to, JBI as a result of this contract with the County. JBI is not obligated to make the County aware of absolutely all funding opportunities and is without liability for failure to do so. 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 JBlis fees is in accordance with this Agreement. 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 JBl's engagement. A final report shall be made forty-five (45) 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 standard 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. 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, Oakland County, Michigan and JBI have executed this Agreement as of the date written below. EXECUTED THIS DAY OF ,1999 SUBMITTED BY: John Hennessey APPROVED BY: Oakland County, Michigan Name Title JBI, a business unit of Unificare, LLC, Federal Identification Number 75-2795617: Tammy R. McKinney Director of Marketing Resolution #99301 November 18, 1999 The Chairperson referred the resolution to the Finance Committee. There were no objections. FISCAL NOTE (M.R. #99301) December 16, 1999 BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON IN RE: SHERIFF'S DEPARTMENT - PROFESSIONAL SERVICES CONTRACT FOR JUSTICE BENEFITS, INC. TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Chairperson, Ladies and Gentlemen: Pursuant to Rule XIT-C of this Board, the Finance Committee has reviewed the above referenced resolution and finds: 1. The Sheriff proposes to enter into an agreement with Justice Benefits, Inc. which will assist the County in obtaining additional revenue through Federal and other sources; 2. There is no obligation to pay Justice Benefits, Inc. unless revenues are actually increased above budgeted amounts; 3. Because payments will be made only if new revenue sources are generated, therefore no additional appropriation is required at this time. 4. Future quarterly budget amendments will be recommended to reflect additional revenues and authorization of payment to vendor. FINANCE COMMITTEE FINANCE COMMITTEE VOTE: Motion carried unanimously on a roll call vote. HE FOREGOING RESOLUTION niaA I HEREBY GiWilliam Caddell, County Clerk Resolution #99301 December 16, 1999 Moved by Millard supported by Jensen the resolution be adopted. AYES: Palmer, Patterson, Schmid, Sever, Suarez, Taub, Amos, Appel, Causey-Mitchell, Colasanti, Coleman, Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law, McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. L. Brooks Pattpion. County Executive Date STATE OF MICHIGAN) COUNTY OF OAKLAND) I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on December 16, 1999 with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 16th day cl,f December, 1999.