HomeMy WebLinkAboutResolution 93-264 10/04/1993
~es®~Ll~l®rl N®. 93-264 N.C.S.
of tho City of Potaluma, California
1 RESOLUTION TO APPROVE AGREEMENT
2 WITH DAVID M. GRIFFITH AND ASSOCIATES, LTD.
3 FOR SB 90 REIMBURSEMENT CLAIM SERVICES
4
5
6 W~IEREAS, the City Council has reviewed the agreement for services;
7 N®W, TI~EREFORE BE IT ItESOLVEI) 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) (A]d~~~~3d)C~eeting--~- 9rm
on the ........~kxl~-......... day of .............O~toh~r..........................-., is....9~ byithe ,
following vote: •--.......-i~y-- ---.....y....-...-
~ Ci ~Att~rne
AYES: Nelson, Sobel, Hamilton, Shea, Vice Mayor Read, Mayor Hilligoss
NOES: None
ABSENT: Barlas
ATTEST: .. ..... .................... ..........
..-- --•-.y ..... ..... .....................
Clerk May
Cbtmcil File..._ ......................._...-..
ca io-es Res. No........9.3.-2.G.4...... N.cs.
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EXEiIBIT A
Agreement to Pa~ovide
1Vlandated Cost Claimuag Services
The City of Petaluma (hereinafter "City") and David M. Griffith & Associates, Ltd. (Hereinafter
"Consultant") jointly agree as follows:
1. Scoff off Services
The Consultant shall prepare claims for reimbursable state mandated costs as provided
herein.
Aiinual -State 1Vlaadated Cost Claims
The Consultant shall prepare, submit and file on the City's behalf the .following state
mandated cost claims for fiscal year 1992-93 actual costs and, where applicable, 1993-94
estimated costs.
(1) Open Meetings Act requirement as specified in Chapter 641, Statutes of 1986.
(2) Police Department Domestic Violence,Calls as specified in Chapter 1609, Statutes
of 1984.
(3) Police Department Missing Persons Reports as specified in Chapter 1456, Statutes
of 1988.
(4) Police Department Disabled Motorist Assistance as specified in Chapter 1203,
Statutes of 1985.
(5) Police Department Destruction of Marijuana Records as specified in Chapter 952,
Statutes of 1976.
(6) Police Department CPR Pocket Masks as specified in Chapter 1334, Statutes of
1987.
(7) Business License Tax Reporting Requirements as' specified in Chapter 1490,
Statutes of 1984.
(8) Firefighters' Personal Alarm Devices as specified in Title 8, California
Administrative Code.
(9) Structural and Wildland Firefighters Safety Clothing and Equipment specified in
Title 8, California Administrative Code.
(10) Firefighter Cancer Presumption as specified in Chapter 1568, Statutes of 1982.
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(11) Regional Housing Need Determinations as specified in Chapter 1143, Statutes of
1980.
2.
3.
(12) Absentee Ballots as specified in Chapter 77, Statutes of 1978.
(13) Mandate Reimbursement Process as authorized by Chapter 486, Statutes- of 1975
and Chapter 1489, Statutes of 1984.
(14) 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 aze both claims that aze included in the
State Controller's claiming instructions that provide for claims to be submitted by either
.November 30, 1993 or 120 days after their issuance.
Consultant Claim Fdin~ Recguirements
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.
The Consultant shall file these claims to the extent that appropriate documentation is
Compensation and 1Vlethod of Payment
Compensation and method of payment shall be as follows for services provided pursuant
to Scope of Services.
A. Com®ensation
For all the above services provided pursuant to Scope of Services, the City agrees
to pay Consultant a fixed fee of $3,500.
B. 1Viethod of Payment
Payment shall be made in two installments, an initial pay equal to sixty percent
(60%) of the fixed fee and a second installment equal to forty percent (40%) of
the fixed fee. The City agrees to pay the first installment to the Consultant upon
submission of the claims to the State Controller due November 30, 1993 the sum
of $2,100. The City agrees to pay the Consultant the second and final installment
upon submission of the remaining claims to the State Controller due 120 days
from the date the Controller's claiming instructions aze mailed the sum of $1,400.
The Consultants fee shall be due upon receipt of the Consultant's invoice
following submission of each set of claims.
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4. Services and Materials to be garnished 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, 1993 must be received by the Consultant by November 10, 1993 to be
deemed to have been received in a timely manner.
5. Not Obligated to Third '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 (10%) 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.
S. 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%) or seven hundred fifty
dollars ($750),. whichever is greater. Reductions of less than twenty percent (20%) 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.
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10. Cbanaes
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 ~-greement
If, through any cause, the 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 (5) days before the effective date of _ such--
termination.
12. City Contact Person
The City designates the following individual as contact person for this contract:
Name:
Title:
Address:
13. Contract Validitx Date
To be valid, this contract must be signed by the City by September 30, 1993. If signed
after that date, the Consultant cannot guarantee acceptance of the Agreement unless
otherwise agreed upon.
®FFEIi IS MAIDS BY C®1~TSULTANT
Date: g - ~ ~ ^ ~ ~
Telephone:
Fax:
®FFEIt IS ACCEPTS BY CITY
By:
City Official
John L. Scharer, City Manager
David M. Griffith & Associates, Ltd. Date:
By: ~"_
Allan P. Burdick
Vice President
Project #2140 AFB
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