The URL can be used to link to this page

Home My WebLink AboutJUSTICE BENEFITS PROFESSIONAL SERVICES Augusta Richmond GA DOCUMENT NAME~r~S:;\Q naf Sc I' V i CO DOCUMENT TYPE: ~ree rreJ/+ YEAR: J, bDO BOX NUMBER: IV /4?if6 tp FILE NUMBER: NUMBER OF PAGES: ,- " , r<"':' ::rJ I Ii ~~. 06/2 8/00 -- AGREEMENT FOR PROFESSIONAL SERVICES between Justice Benefits, Inc.. and Augusta, Georgia ..,~ . Thi~. Agreement is entered into by and between Augusta, Georgia (hereinafter. referred to as the "County") and Justice Benefits, Inc., a business unit ofUnificare, LLC, (he]"einafter referred to as "JBI"}, located at 2010 Valley View, Suite 300, Dallas, TX 75234. I ~ WITNESSETH WHEREAS, many of the services provided by the County are ~nded directly by local and state funds when, in fact, some of those services are eligible for 'Fedtral Financial ParticipatIon (FFP); and WHEREAS, JBI is willing and able iocprovide professional assistance to the County in --/ securing appropriate FFP; . . d ... NO\V,THEREFORE, for and in consideration of the mutual covenants and promises recorded he:rein, 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 revenue 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: a. Meet with County officials who represent the programs, at such times and on such terms as agreed to by the County and JBI; b. 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. c. Assist the County in its efforts to recover additional federal dollars that are due to the County, as they are identified by JBI; and " . ~" ... .V. . '. .~ " 06/28/00 d. Assist the County in negotiations with Federal agencies to ensure that the County receives the additional revenues identified by JBI. 2. JBI will continually monitor Federal law and programs for new opportunities offunding. a. On any new opportunity that arises, the County has sixty (60) days from enactment of the program to act on its own. b. If sixty (60) days after an opportunity has become available through the establishment of a new program or source of funding 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 will be due compensation per Article VI. ARTICLE II RESPONSIBILITIES OF THE COUNTY The County agrees to complete the following activities: 1. Designate a contract monitor who shall: A. Be the person responsible for monitoring JBI's performance under the terms and conditions of this agreement; and B. Authorize payment for services rendered based upon properly submitted invoices to the County in accordance with Article VI of this agreement (i.e. Compensation). 2. Provide JBI with copies of or access to documents and databases that are necessary for the successful completion of work required by this agreement. It is recognized that certain of the information that may be furnished to JBI may be confidential. Therefore, ARTICLE III NOTIFICATION Any notice, demands, requests, specifications, reports, or other written communications to JBI or to the County shall be deemed to have been properly given when sent postage pre-paid by registered or certified mail addressed as follows: To JBI Justice Benefits, Inc. 2010 Valley View, Suite 300 Dallas, TX 75234 2 I .t " :,~t., ;;~ f 06/2 8/00 To County Sheriff Charles B. Webster 401 Walton Way Augusta, GA 30901 With Copy to Charles R. Oliver, Administrator 801 Municipal Building Augusta, GA 30911 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 County's 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 partie:; agree as follows: 1. The intent of this agreement is to. compensate JBI only for new revenues received by the County that are expressly deemed to ,be a result of JBI's efforts. The parties agree that JBI will be compensated for new or enhanced revenue sources that directly result from JBI'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 JBI completes for the County. 3 ... '. , -;:/"~ '. Vs4,,' 06/28/00 2. JBI wiH be due its fees on new or enhanced federal reimbursements earned on each program area JBI 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. JBI's compensation period may be extended beyond the minimum two-year period, depending on renewals that occur with this contract. 3. 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 JBI, even if those re:ceipts occur beyond the term of contract. 4. 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. JBI's liability for disallowed payments is limited to fund~; paid to, or owed to, JBI as a result of this contract with the County. 5. JBI is not obligated to make the County aware of absolutely all funding opportunities and is without liability for failure to do so. 6. 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 JBI's fees is in accordance with this Agreement. 7. 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, not less than quarterly, on the effectiveness of JBI's engagement. A final report shall be made forty-five (45) days aft~r the termination of this agreement. ARTICLE VIII CONFIDENTIALITY AND RECORDS The County and JBI mutually agree that the confidentiality of the information obtained by JBI shall b~ 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. JBI agrees to indeIllIlifY and hold harmless the Sheriff, Augusta, Georgia, its elected officials, officers and employees from any and all losses, claims, liabilities, penalties, fines, forfeitures, demands, causes of action, suits 4 ~. ~- ., '. .f . ." <: . . 06/2 8/00 and/or costs and expenses incident thereto (including without limitation costs of defense, settlement imd reasonable attorneys fees) in any way related to or arising out of, or related to or arising out of any damage or injury to property or persons caused by any action or omission of JBI, including without limitation any wrongful release or use of confidential information, or any negligent, wilful or otherwise tortious act or omission. Further, JBI acknowledges that under Georgia law its records, accounts, correspondt:mce, and other documentation pertaining to this agreement, may be public records subject to Georgia's Open Records Act (O.C.G.A. S 50-18-70, et seq.). JBI agrees to deliver immediately to the Sheriff any request made to JBI under the Georgia Open Records Act and to cooperate 1tully in responding to any request made either to Augusta or JBI and making all records, not exempt, available for inspection and copying as provided by Georgia law. ARTICLE IX VENUE All daims, disputes and other matters in question between the City and Contractor arising out of or relating to this Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond County, Georgia. Contractor, by executing this Agreement, specifically consents to venue in Ri,;:;hmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia ARTICLE X 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 thi5: Agreement as the binding act ofthe County. ARTICLE XI CONTRACT AMENDMENTS The scope of services and related compensation of this Agreement may only be modified with the written consent of both parties. [SIGNATURES CONTINUED ON NEXT PAGE] 5 .-~ , ~.- :.: '.,. \ " .- . . '',.- '..~ " 06/28/00 IN Vv'ITNESS WHEREOF, Augusta, Georgia and JBI have executed this Agreement as of the date wriitten below. EXECUTEDTHIS~DAYOF~, ,2000. SUBMITTED BY: APPROVED BY: Attest:-L2 Cl~k JBI, a business unit of Unificare, LLC, Federal Identification N 75-2795617: /A, ~~~ / ~~. McKinney Director of Marketing 6