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HomeMy WebLinkAboutResolution 9505 N.C.S. 07/19/1982_ ~ .~ - .. ,. . . . ,,: . J U L 1 9?982 '~. I~C~SOIL1t101"~ NO, 9505 j~, ~, S, of the City of Petaluma, Galifornia A RESOLUTION AUTHORI.ZING 'THE -D~lAY01; OR CITY 1`~IANAGER TO ENTER' INTO AND EXECUTE AN AGREEMENT WITH DAVID M. ''GR~I-FFITH AND ASSOCTATES, LTD. TO DEVELOP A COST ALLO- CATION PLAN FOR THE CITY OF PETALUMA. BE IT RESOLV.ED that the Mayor or City .Manager is hereby authorized to enter into and execute an agree- ment with David N!. Griffith and Associates, Ltd. to develop a cenfr.al service cost al,loc,ation plan for the City o,f Petaluma; and, BE IT FURTHER RE`SOLVED that the City agrees to pay said consultant, David M. Griffi'th and Associates, Ltd., a sum not to exc.eed..riine thousand~ one huridr:ed (.$9,100) for all services ~as _ set f:orth~ i.n t~he at~tach~ed .Exhibit A ,- Under the power, and'authority ,conferred upon this Council by the Gfiarter of said City. ~ a~ I hergby certify the foregoing Res_olution was introduced and adopted by the _P;p , ove8 as Council of the Gity of Petaluma at a(Regular) (~q~~~ (,~i~~ meeting ~ form ,~_ on the ---- I9th---...... day of :.._Ju1y... .._...--- --......,_, 19..8..., by the ' ~ _...:... / following vote: ' AYES: Balshaw, Battaglia, Cavanagh, Harberson, U.M.~ Perry, May..e~Mattei NOES: NOne _.. ABSENT: B n CI - -. ... , -. ~~ r . . . _ . : .....• . . ... _ . ... .... .......:......•-•-- ~ .......•• •••......._ . . . . . .. ......... ATTEST: -- --- -•• ~- ~ ~ ~ ••-••- ity~Clerk - Mayor . Couucil:File:.... .. ~Form.CA 2 7/81_ Res. No.,..,:.~~J~J~ :................ -•,# . / i ;• _ ,. f~ ~, . , ~ FC/A-87/SF 8-81 AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES TO THE CITY OF PETALUMA THIS AGREEMENT, entered.into this ~day of , 1982, effective immediately by and between.:David M. Grif ith and Ass fes, td. (hereinafter called "Consultant") and the City of Petaluma (hereinafter c le "Ci y"), WITN6SSETH THAT: W HEREAS, the City has programs which it operates ~i fS Federal funding for which the Federal Government will pay its fair share of suPport services costs when the cost of those services are documented in a cost allocation plan.prepared.in accordance with Federal requirements, W HEREAS, the City also provides support services paid frorn the City's general fund to enterprises operated. from restr.icted funds f.or which the City's general fund may be reimbursed when service costs are appropriately documented, W HEREAS, the City desires to engage the Consultant to assist in developing plans which will provide support service allocations to the City's restricted funds and to Federal programs. ~ NOW, THEREFORE, the parties hereto mutually agree as follows: (1) Employment of Consultant. The City agrees to engage the Consultant and the Consultant hereby agrees to perform the following services. (2) Scope of Services. The Consultant shall do, perform, and carry out in a good and professional manner the following services: A. Devel;opment of a central services cost allocation plan which identifies the various costs~ incurrecl by the City f,or the fiscal year ended June 30, 1984 (based on financial data f:or the fiscal year ended June 30, 1982) to support and administer the City's Federal grants. This plan will be pre- _ pared in accordance with. the Office of Management and Budget Circular A-87 (0[v1B A-87). Th'is plan is hereafter referred to as the. "OMB A-87" plan. The OMB A=87 plan will contain a determination qf the allowable costs of proyicling each supporting service such as purchasing, legal couns- el, disbursement processing, etc. B. Negofiation of the eompleted OMB A-87 plan with the City's cognizant agent (if required). C. Preparation of a second plan that allocates the costs of central services excl,uded by OMB A-87. This plan is principally for the purpose of estab- lishing bil'lings to the City's restricted funds. This plan:is hereafter re- ferrecf to as° the "Full Cost" plan. ~- D: Assistance in preparing the initial claims for re~overy of funds due the City. " E. Training of City staff in the preparation and use of cost allocation plans. ~~~~~~~ ~ . -2- (3) Time of Per;formance. The se_rvices to be performed hereunder by the Consultant shall be undertaken and completed in such sequence as to as,sure their expe:ditious completi'on and best car,ry out the purposes ~of the agreement•. All services re- guired hereunder shall be completed by November 30, 1982. The full cost plan ` will be available for review by the Git,y wi.fhin 12 weeks of receiving aufhoriza- tion to proceed. The QMB A-87 plan will ..be available within six weeks of the City's acceptance of the full cost plan: ~ (4)" Compensafion: `The City agrees to pay .the Consuttant a sum no.t to exceed. nine thousand one hundred ($9„'100) for all services required h'erein, which sFiall incl:ude reimbur.sernen:t for expenses incurced. Consultant agrees to complete. • the project and all services probided herein' for said sum, .. _ (5) :Method of Eay,ment. The Consultarit shall be entitled to pay.:ment in accordance wifh the provisions of this paragraph. ~The Consultant shall receive 7"5 percent (75.°'0) of the agreed upon fee upon submission and accep:tance by the City of ~ ~ the~.compl'eted fu11 cosf plan. The remaining 25 percent (25%)~ of the; fee shali be due upon ~acceptance of ~the OMB A-87 plan by the City. Payment shall be made within two weeks of the describ,ed events. (6) Changes. The City may, from time to time, require changes in the scope of seryices of the Consul.tant to be ;performed hereunder. ~Such ch;anges, which are m,utually agreed upon b:y and between. the City and`~ttie C'onsultant, shall be incorporatecl in written amendment to ~this agreement. ~ , (7) :Services and Materials. to be Furnished by City. The City shalt .furnish the Con- ` sultant ~yi.th all available necessary information, data, and material pertinent to the execut~i'on of .this agr.eement. The City shall cooperate w:ith the Consul- tant in carry:ing.out the work herein and shal! provide adeqnate staff for liaison wi:fh' the Consultant and other agencies of City government. (8) Te~mination of Ag~eement. If, through any cause, the Consultan:t shall fail to fulfill in timely ~and proper manner his obligation under fh'is agre,ement,. the City shalt: thereupon have the right to termina;t`e fhis agreement by giving wri`tten. notice to the Consultant of, sucti termination and specifying, the effective date thereof, at leas:t five.days before the effective date of such termination. (9) Information and Reports. The Consultant shall, at such time and in~form as the City;may.require; furnish.such Periodic r,epo;rts concerning the status of the projeet, such statements, cer.tificates,. approvals, and copies of proposed; and executed plans and claims and other information relatiye to fhe project as. may be. requested by the Gi.ty. The Consultant shall fur,nish the City, upon request, with copies. of °all documenfs and other materials prepared or developed in rela- tion with or as part of the projeet. Working papers prepared in conjunction with the project wi11 be turned over to fhe City for saf:ekeeping. .. - -(1'0) R~ecords and Inspecfions: The Consultant'shall maintain full ;and accurate recocds ~ . with respect to al'l.matters covered under th'is agreement. The City shall have free access at all ~pr.oper times to such records,` and the right. to examine and audit th'e same and to.make transcripts therefrom, and to inspect all program ~ data, documents, proceedings, and activi'ties. • '* - ~_ ~ ~ "., ~ 1~::' ` .• + ~~ _ ,. ~:~ ~" .. ~ -3- ~ (11) Accomplishment of Project. The Consultant shall commence, carry on, and complete the project with all practicable dispatch,, in a sound, economical, and efficient :manner, in accordance with the provisions. thereof and all applicable laws. In accomplishing the project, the Consultant shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on in the City. (12) Provisions Concerning Certain Waivers. Subject to applicable law, any right or remedy which the City may have under this contract may be waived in writing by the City by a formal waiver, if, in the judgment of the City, this contract, as so modified, will still conform to the terms and ~equirements of this contract. (13) Matters •to be-.Disre~arded. The titles of the several sections, subsections, and paragraphs se.t forth in this contract are inserted for convenience only and shall be disregarded in construing or interpreting any of the provisions of this contract. (14) Completeness of Contract. This contract and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon b.y the parties;hereto, and no other agree- ments, oral or otherwise, regarding the subject matter•of this contract or any part thereof shall have any validity or bind any o'f;th~e~parties,hereto. •~--~~ ~ (15) City Not .Obligated to Third Parties. The City shall not be obligated or liable hereunder to any party other than the Consultant. .~~ •'~ - ~• (16) ~Vhen Rights and _Remedies Not Waived. In no event shall the making by the City of any payment to the Consultant constitute or be construed as a waiver by the City of any bre.ach of covenant, or any default w:hich may then exist, on the part of the Consultant, and the making of any such payment by the City while any such breach or default shall exist in no way impair or prejudice any;, right or remedy avail°able to the City in respect to such breach or default. (17) Personnel. The Consultant represents that he has, or will secure at his own- ~,. expense, all personnel required in performing fhe services under this agreement. All of the services required hereunder will be performed by the Consultant or under his supervision, and al1 personnel engaged in the_work.,shall.b.e~full.y4quali- fied to perform such services. r.; ~- ;~: . -, ~- , • . ~ (18) Consultant L;iability if Audited. The Consultant will assume all financial and statistical information provided to the Consultant 6y City employees or representa- tives is accurate and complete. Any subsequent disallowance of funds paid to the City under the plan for whatever reason~is the sole respon.sibility of the City. Consultant will, however, provide assistance to the City should an audit be under- taken of indirect costs. (19) Notices. Any notices, bills, invoices, or reports required by this agreement shall be sufficient if sent by the parties in the United States Mail, postage, paid, to the address noted below: ~ . :.a: . t _ '\ -~ ~ -4- `~' , City of Petaluma . David M. Griffith and Assoeiates, Ltd. Post and English Streets 5441;Fair 0aks.Boule~ard, Suite C3 , Petaluma, California 94952 Carmichael., California 95"608 -~ IN ~VITNESS WHEREOF, the City and the Consultant have executed th'is agreement as~of the date first written above. . gy: ~. Vo t~1A'fT~ts ~YOR (City Official ATTEST:' ~ ~ C= q.ERK ~~ l~ ~ 2~ 982 - A~ovEa~ ~~ ~a ~ . ~ City. ~ttor:ney JdSEPN FOREST A~PRflV~Dt . rw ~w ~~~~.er r~a~~~m~°~ Ft nc;e tt'i~tPfi _ r/Aud4tor ,• - ; ;%. BY' , ~` ~ Louis E. "'app~ . • V'iee Presid"ent ~ ~ .