HomeMy WebLinkAboutResolutions 89-047 N.C.S. 02/21/1989
Resolution No. 89-47 N.C.S.
of the City of Petaluma, California
RESOLUTION ENTERING INTO AN AGREEMENT
WITH DAVID M. GRIFFTTH & ASSOCIATES
FOR SB 90 REIMBURSEMENT .CLAIM SERVICES
WHEREAS, the City Council has reviewed the agreement
for services; and,
NOW, THEREFORE BE IT RESOLVED that the City Council of
the City of Petaluma hereby authorizes the City Manager to
execute an agreement with David M. Griffith and. Associates
for State SB 90 Reimbursement Claim Filing Services as
attached Exhibit A
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approv d o
Council of the City of Petaluma at a (Regular) ~#b~~C~~i~) meeting f
on the ...~.~..5.1~----...... day of ..........F.e.)J~Us~:x:y .......................... 19..$.x, by the
following vote
it Attorney ,
AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayor Davis, .~.
Mayor Hilligoss
NOES: ~
ABSENT: ~ ~ '
__
City Clerk Mayor
(buncil File...........-°----°-°.........-..
CA IO-85 Res. No.......8.9. .4.7...... N.C.S.
"EXHIBIT A"
14GREE1\AENT TO PRO~/IDE
IVIAIVDATED COST CLAiI\IIBNG SERVICES
The City of Petaluma .(hereinafter "City") and David M. Griffith
and Associates, Ltd. (hereinafter "Consul;tant") jointly agree as
follows:
1. scope of 8erviceg
Except as other-wise selected or indicated (see paragraph 2)
the Consultant. shalfi prepare,-submit and file on the City's
behalf the following State mandated cost claims.
A. Title 8,, CAC, pertaining to: Firefighters Safety
Clothing and Equipment and,Wi•ldland Firefighters Safety
Clothing and Equipment. Fiscal `Years 1978-79, 1979-80,
1980-81, 19'81-8~2, 1982-83, 1983-84,` 1984-85, 1985-86,
1986-87, 1987-88 actual. costs,, and :1988-89 estimated
costs.
B. Chapter 177 & 111 of 1985, :pertaining to Police
Department '.Missing °Persons Reports. .Fiscal year
T985-86, 1986'-87, 19.87-88 actual costs and 1988-89
estimated costs.
C. Chapter 120'3 of 1985, pertaining to Police Department
.Motorist Assist Calls;. Fiscal Year 1985-86, 1,986-87
and 1987-8.8 -actual costs and 1988-89 'estimated costs.
D. Chapter 1609 of 1984,.pertaning to Police Department
Domestic_Viol.ence Ca11s., Fiscal year 1985-86, 1986-87
and '1987-~8'8 actual costs and' 19.8'8-89 estimated costs .
E. Chapter 486 of, 1975 & Chapter ..145,9 of 1984, pertaining
to costs o'f SB 90 claiming. Fiscal year 198:4-85,
19..85-86, 1.986-87, 1987-88 actual costs and 1988-8.9
estimated costs.
F. ?fate claims. In addition to the above claims,. the
.Consultant shall file, at its discretion, any claims
that were due November 3.Q', 198'8-that were not filed by
the City. Such clams~~are designated "late claims1° by
the State Controller and~are paid at eighty per,.cent.
(80`$) of their value.
Claims. included in Scope of Services of thus Agreement are
limited to~ specific. claims noted. above .as contained in CL~,IMING
IN3TRIICT_IONS issued by the State Controller prior to June 30,
1~9~8'9.
L'.
2 ~. Limit°ation on 8®rvice 'Bcooe By City fit Tm® Of Agreement
Ezecutoa
The Cty,~at its discretion, m_ay select any combination of
services described under Section °1 above (Scope of
Serv;ces). Declining of one service and not another is
indicated by striking through -the entire applicable
description of°the service or services not desired. In so
striking .out such pa~=agraph, all references to that service
contained in this Agreement are de'let'ed without further
action required by the -City. A11 provisions of the
Agreement relating to the remaining service or services
continue in effect.
3. Comas®nsatfon and;M®thod of Payment.
Compensation and•Method of Payment shall be. as follows for
services selected pursuant to the Scope of Services.
A. Scope of S_ezvices A through F. R®tain®r. Upon
contract execution, t.o cover Consultant's basic
expenses,. a retainer in the amount of $550 is due and
payable. The :retainer shall be returned to the City at
the claims submission deadline if Consultant filed
claims pursuant to these mandates do not exceed the
retainer 'by at east two times 'or noclaims are filed
at all as provided for .in Section 3' of this agreement.
The retainer. is in~.addtion to the computation and
payment provisions of sections 3B through 3G below..
B;. Scope _of Services A, ~-,r®f'iq~ht®rs and l~ildlan`d
Y~ir®gi,ght®rs `8af®tp Clo.t~iaq and: ~cTuipm®nt. The City
shall pay the Consultant a, .fee. equal to thirty percent
(30~) of all claims filed and paid to a maximum fee of
' three thousand two hundred fifty dollars ($3,250).
C. .Scope of Services B. Missing P®rsonsR®port Costs. The
City shall pay the Consultant a fee equal. to thirty
pe=cent ('30~) of all claims filed and paid to a maximum
,of two .thousand three 'hundred fifty dollars ($2,350).
D: Scope of SerVices:'C, Motogst ~ss.ist Calls. The City
shall pay the Consultant a, fee .equal to thirty percent=
(3"0~'} of all claims filed and paid to a maximum fee of
two thousand one hundred fifty dollars (.$2,150).
E. Scope of Ser_vices_'D, Dom®sa=i c: viol®nc® Calls. The
City shall .pay the, Consultant a ~ fee equa'1~ to thirty
percent (30$j ~'of all claims ~f,led °and paid to a maximum
fee of two thousand. nine ~-hundred fifty dollars
($2,950).
~: F. Scope of Services E, Costs of 8B 90 Claiming. ~ The
City shall pay the Consultant a fee equal to thirty
percent {'30$) of all claims filed and .paid to a maximum
f`ee o~€ one thousand nine hundred fifty dollars
G: Seope_of Services. F, Lat.® Claims. The City shall pay
the Consultant. a fee equal to thirty percent (30$) of
all claims filed and pa'~id to a maximum fee of two
thousand dollars ($2,000).
Payment for contingent claiming shall be made from
monies actually .received from .the State resulting from
the: Consuhtan~t;!s efforts. Monies .received shall be
defined asactual paymen`ts'resul.tng from Consultant's
filing estimated claims for FY 1988-89 and actual
payments received for aetual.F°scal year costs as
allowed for in the State Controllers CLAIMYNG
TPdBTROCTIONB; that are issued prior to June 30, 1989.
The fee, which in no case sha'11 exceed the maximum
amounts, is due 'within four weeks of City receipt of
reimbursement from the State.
~. ~aiv®r of Submission of Clsim(s) .Pursuant to Scone of
8er-vices.
At the sole.d`iscretion of the Consultant, the. Consultant may
notify the City o'f its intention to not pursue specific
clakms{s) and the reasons therefore-. Such notification must
be in writing and provided to the City not less than thirty
(30) days prior to the due date of the. c aim. Should the
Consultant not so notify the City,, the, City may expect the
Consultant to pursue the claim if it is within the minimum
amount allowed by the State.
5. Citp .R®sponsfbilit~ to Maintain, Record of State claims
Payments..
Consultant and City explicitly recognize that initial
paym°ents. received .from the State. resulting from the
Consultant's work 'may be partial. In such. cases the State-
Controller may.~seek a deficiency appropriation and thus
complete payment of~the City's claims, at a later- date. The
City agrees to~maintain a record of State payments and remit
on a'timely basis any ;monies due `the Consultant as a result
of contingent claim filing.
6. Services and Materimis.to be Fur-ashed:by the Cit9.
The Consultant shal`1 provide guidance to the City in
determining the data required for. claims submission. The
City, following the Consultant's guidance., shall provide
assistance in the; accumulation of the requited data to
'facilitate claims submission. The Consultant shall assume
all data so pr..ovided to be correct.
"~
' 7.
8.
9.
l0.
11.
12 .
Not `Obligated to Third Panties.
The City shall not be obligated or ..liable hereunder to any
party other than the Consultant..
Consultaat~ bsbi'l~ty if Audited.
The Consultant will assume all financial and statistical
information provided to the Consultari't by City employees or
representatives is accurate and. complete. Any subsequent
disallowance of funds paid to the City"under the claim for
what:ever reason is the sole responsibility of the City.
Except that, should the ,City be required to return money
that .the Consultant was paid in fees,~the Consultant shall
return this amount to the City.
In'dr®ct _Costs~.
The cost claims to be submitted by the Consultant may
cons°ist of both direct and nd-sect costs. The Consultant
may .either utilize the ten per-cent (10$') indirect cost rate
allowed by the State Controller .or calculate a higher rate
ifCity records support such:-a ~calcul~at_ion. The Consultant
by this Agreement is not required t:o prepare a central
service cost allocation plan or a departmental indirect cost
rate proposal for the.Gity.
Consultant Assistanc® if Audit®d.
The Consultant shall make workpapers and other records
ava .able to auditors. The Consultant shall provide
assistance to~the City in defending claims submitted if an
audi`t~ results in a disallowance oftwenty percent (20$) or
more.of the:. original claim submitted. Reductions of less
than ,twenty percent (20$) shall not be contested by the
Consultant.
Contact P®rsoa._.
The Gty designates the following individual as contact
person for th'i's contract:
Name:
Title.
Address:
Telephone: ( )
Contra'ct~ealidtg Dat®.
To be valid this contract must be signed by the City by
. Feb"ru~ary 15, 1989 unless this deadline is extended by the
Consultant.
~r
~.
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y
Offer is Made by Consultant:
`Date ~ /--~ 7- ~ j
David M. ffith & Associates, Ltd.
/,
By:
~r Lours E.. Chappuie
xecutive Vise President
Offer is Accepted by City:
By : .
Printed Name:
Date•
Title:
ATTEST:
' Please note that we can not guaranty acceptance of this Agreement
if it is not retur-ned by th'e date~indcated in paragraph 12.
- !1®~s®'.R®turn on®`sqn®d copy of Aqr®®ment Toa
D_ AVID M, GRIFFITH AND ASSOCIATES, LTD.
5715 'Marconi Avenue, Suite A-
- ~ Carmichael, CA~ 9'5608 -
- ~ (916) 48'5-8102