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Home My WebLink AboutResolution 94-259 09/19/1994 ~~'s®~l-,Itl®n No. 94-259 ~.~.5. of the City of Petaluma, California 1 RESOLUTION TO APPROVE AGREEMENT 2 WITH DAVID M. GRIFFITH AND ASSOCIATES, LTD. 3 FOR SB 90 REIMBURSEMENT CLAIM SERVICES 4 5 6 WHEREAS, the City Council has reviewed the agreement for services; 7 NOW, 'THEREFORE BE IT RESOLVED that the City Council 8 authorizes the City Manager to execute the agreement with David M. Griffith and 9 Associates, Ltd. for State SB 90 Reimbursement Claim Filing Services as attached 10 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 Approved as to - Council of the City of Petaluma at a (Regular) (Rli~)C7{S~I~fiX~T) meeting , form on the ....-.~..~C~I-......... day of _.........,Sipt,Q171b~)' 19..-~~, by the following vote: C y Attorney AYES.: Parkerson, Read, Hamilton, Barlas, Shea, Vice Mayor Sobel, Mayor Hilligoss NOES: None / ABSENT: None p Q.-.~~ ATTEST : ......................~.,(..(,ci,Q.- City Clerk ~q~ p p Mayor ~ ~ f i ~ M ~ L. ~cil File..._...-•-•----•------------------- CA 10.85 Res. No.......9.4.-.2.5.9....... N.C.S. Agreement to Provide Mandated Cost Claiming Service The City of Petaluma (hereinafter "City") and David M. Griffith & Associates, Ltd. (Hereinafter "Consultant") jointly agree as follows: 1. .Scope of Services The Consultant shall prepare claims for reimbursable state mandated costs as provided herein. A. Annual State Mandated Cost Claims The Consultant .shall prepare, submit and file on the City's behalf the following state mandated cost claims, where applicable, for fiscal years 1993-94 actual costs and, 1994-95 estimated costs. (1) Open Meetings Act requirement as specified in Chapter 641, Statutes of 1986. For fiscal year 1993-94 actual costs and 1994-95 estimated costs. (2) Business License Tax Reporting Requirements as specified in Chapter 1490, Statutes of 1984. For fiscal year 1993-94 actual costs and 199495 estimated costs. (3) Firefighters' Cancer Presumption as specified in Chapter 1568, Statutes of 1982. For fiscal year 1993-94 actual costs and 1994-95 estimated costs. (4) Absentee Ballots as specified in Chapter 77, Statutes of 1978. For 1993-94 actual costs and 1994-95 estimated costs. (5) Mandate Reimbursement Process as authorized by Chapter 486, Statutes of 1975 and Chapter 1489, Statutes of .1984. For 1993-94 actual costs and 1994-95 estimated costs. (6) Peace Officer Cancer Presumption as specified in Chapter 1171, Statutes of 1989. For 1990-91, 1991-92, 1992-93, and 1993-94 actual costs; and 1994-95 estimated costs. (7) Peace Officer: AIDS Testing as specified in Chapters 1579, Statutes of 1988 and Chapter 768, Statutes of 1991. For 1988-89, 1989-90, 1990-91, 1991-92, 1992-93 actual costs; and for 1993-94 estimated costs. (8) Other Claims. The Consultant may also file additional claims if any such claims remain and it is economically justified to file same. The claims to be filed under Scope of Services are both claims that are included in the State Controller's claiming instructions that provide for claims to be submitted by either November 30, 1994 or 120 days after the date the specific State Controller Claiming Instructions are issued. The claims that are due after November 30, 1994 are the two peace officers claims listed as items (6) and (7) above. . (~e56.4~-as4 °~cS 2. Consultant Claim Fling Requirements The Consultant shall file these claims to the extent that appropriate documentation is available and verifiable. The City explicitly acknowledges that the Consultant does- not warrant under Scope of Services that claims will be filed for all of the applicable mandates listed. 3. Compensation and Method of Payment Compensation and method of payment shall be as follows for services provided pursuant to Scope of Services. A. Compensation For all of the service provided in Scope of Services, the City Agrees to pay the Consultant a faced fee of Two Thousand One Hundred dollars ($2,100). B. Method of Payment The City agrees to pay the Consultant within thirty days after submission of the claims to the State Controller due November 30, 1994. 4. Services and Materials to be Furnished by the City The Consultant shall provide; guidance to the City in determining the data required for claims submission. The Consultant shall assume all data so provided to be correct. The City further agrees to provide all specifically requested data, documentation and information to the Consultant in a timely .manner. Consultant shall make its best effort. to file claims in a timely manner pursuant to Scope of Services. Consultant shall not be liable for claims that cannot be filed as a result of inadequate data or data provided in an untimely manner. For purposes of this Agreement, data that is requested prior to October 31, 1994 must be received by the Consultant by November 10, 1994 to be deemed to have been received in a timely manner. 5. Not ®bligated to 'T'hird Parties The City shall not be obligated or liable hereunder to any party other than the Consultant. 6. Consultant 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. 7. Indirect Costs The cost claims to be submitted by the Consultant may consist of both direct and indirect costs. The Consultant may either utilize the ten percent (109'0) indirect cost rate allowed by the State Controller or calculate a higher rate if City records support such a calculation. The Consultant by this Agreement is not required to prepare a central service cost allocation plan or a departmental indirect cost rate proposal for the City. ~,eso 9 . a S9 iJG S J. 1 8. Consultant Assistance if Audited The Consultant shall make workpapers and other records available to the state auditors. The Consultant shall provide assistance to the City in defending claims submitted if an audit results in a disallowance of at least twenty percent (20°10) or seven hundred fifty dollars ($750), whichever is greater. Reductions of less than twenty percent (209b) or seven hundred fifty dollars ($750) shall not be contested by the Consultant. 9. Insurance Consultant shall take out and maintain appropriate general liability insurance, workers' compensation insurance, automobile insurance, and professional liability insurance. 10. Chan The City may, from time to time, require changes in the scope of services of the Consultant to be performed hereunder. Such changes, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written amendment to this assignment. 11. Termination of A Bement If, through any cause, ~e Consultant shall fail to fulfill in timely and proper manner its obligation under this .agreement, the City shall thereupon have the right to terminate this agreement by giving written notice to the Consultant of such termination and specifying the effective data thereof, at least five (S~ days before the effective date of such termination. 12. Citv Contact Person The City designates the following individual as contact person for this contract: Name: Paula M. Cornvn Telephone: 70 -7~R-4~5 - Title: Controls Pr Fax: 707-77R-4428 Address: p n w,X tii Petaluma, C1~ 94953 OFFER IS MADE BY CONSULTANT OFFER IS ACCEEI?TTE1J BY CITY Date: By. Official city David M. Griffith & Associates, Ltd. Date: B ~ Z~~~~ Y~ J. Bradley W' es Vice President ~'ol~ # ~~0 94-aS4 +~cs