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HomeMy WebLinkAboutResolution 91-253 08/19/1991~~. .` Resolution No. 91-253 N,C,s. of the City of Petaluma, California RESOLUTION APPROVING AGREEMENT FOR SB 90 REIMBURSEMENT CLAIM SERVICES WHEREAS, the City Council has reviewed the agreement for services with David M. Griffith and Associates; and NOVV, THEREFORE BE IT RESOLVED, the City Council authorizes the City Manager to execute an agreement with David M. Griffith and Associates for State SB 90 Reimbursement Claim filing services as attached in 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) (~~?~1~~~$~~ meeting fO~ on the .....-19th.--...... day of ..................August.........._._............, 19..9.1_, by the following vote: City Attorney AYES: Read, Cavanagh, Nelson, Vice Mayor Woolsey, Mayor Hilligoss NOES: None ~ ABSENT: Davis, Sob ATTEST : ............. ... .......... . ... . ity Clerh CA 10-85 G~~ Council File .....1............................ Res. No.........9.1.-~.~.3.... N.C.S. -70~--D3 _', . _ ~} ~ .{ / , Agreement to Provide EXI~IBI'I' A ,, MandatedCost Claiming Services - ,.. ~_ The City of Petaluma. (hereinafter City) and David M. Griffith & Associates, Ltd. (hereinafter Consultant), jointly „agree as follows: 1. Scope of Services. The Consultant shalt file 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: . (1) Police DepartmentDomeste Vol'enee Calls as specified in Chapter 1609, Statutes of .1984. Fiscal year 1.990-91 actual costs and 1991-92 estimated costs. (2) Police Department CPR- Pocket Masks as specified in Chapter 1334, Statutes of 1987: Fiscal year 1990-9i actual .costs and 1991-92 estimated costs. (3) Business License Tax Reporting Requirements as specified in Chapter 1490, Statutes of 1984. Fiscal .year. 1990-91 actual costs and 1991-92 estimated costs. (4) Structural and Wildland Firefighters Safety Clothing and, Equipment specified in Title 8, California Administrative Code. Fiscal year 1990-91 actual costs and 1991-92 estimated costs. (5) Firefighters Personal Alarm Devices. as specified in Title ~8, California Administrative Code. Fiscal year 1990-91 actual. costs and 1991-92 estimated costs. (6) Regional Housing Need ;Determinations as specified in Chapter .1143, Statutes of 1980. Fiscal year 1990-91 actual costs and 1991-92 estimated .. . costs. \\ (7) Absentee Ballots as specified in Chapter 77, Statutes of 1978., Fiscal years 1990-91 actual costs and 1991-92 estimated costs. (8) Mandate Reimbursement Process as authorized by Chapter 486, Statutes ~~, of 1975~~ and Chapter 14.89, Statutes of 1984. ' (9) ~ Other Claims. The Consultant may also file additional claims if any such claims remain and it is economically justified to file same. r-- - , , -~ ;, ~ '~ ~, `. ~~ ~t i ' !' The claims to be: filed under Scope of, Services A. are claims .that `are "included. in the State Control er's claiming instructions that ,provide for claims to be submitted. ~by November 30; ' ~~ :1991. B. Scope. of_Services--.SenateBi'll_:1'333 'Claims The Consultant shall .prepare, submit and >fiie on the City's behalf'the following new or first ime state :mandated cost claims. pursuant: to the.Controller's claiming instructions, which are scheduled, .for ielease 'in September 1991 and; include provisions for the reimbursement of mandates au_ thorized in Senate Bill 1333 of the 1990 California ,Legislative Session.. ~~ ~ ~ j 1, Investment Re' its ass Pied in Cha ter 1226 Statutes of 1984... All applicable years. ~, (2) Open... Meetings ,Act as speci~fied..in Chapter 64:1_, Statutes of 1986'.. All applicable years. (3) Subdivision Mergers as specified in Chapter 845;, Statutes. of 1983'. All applicable years. C, .Scope of .Services -.'Senate.-Bill 174 If prioi to~ September 1,. 1992 the 'State .Controller°issues'clariming instructions for new claims ~ included inSenate Bill 174 (Alquist), introduced in the 1990 Legislativesession fhe Consultant shall prepare,, submit :and file on the' City's behalf :all new qi first time state mandated.. cost .claims .which aie relevant to they City's, operations. ' 2. Consult.an Claim Film dte uirement 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 A; and B. that claims will befiled for all of the mandates listed nor hat the filed claims will be complete claims. 3. Limitation On. Services Scope Notwithstanding any other provisions of th's Agreement, the submission of .clai'ms pursuan ,to Scope of 'Services .1:A, 'and 1:B'. may ' be 'waived in the following: crcurr-stances: A. At City Option. At .the discretion of the City, the City :at fhe 'time of contract . execution, may select either-- or both services described under Sections 1. A and 1.B~ above (Scope of ,Services). Seleeti`on of one service. sand .not 'the other is indicated by striking through 'the entire applicable paragraph above (Scope of Services lA: or ,Scope of Services 1B:): ~ :In so strileing~ out such paragraph all references to that service; contained' in "this Agreement are deleted without further action required of the "City. ~ All.. provisions of the agreement relating to the remaining service continue in effect. 4. Compensation and'iVlethod .of"Payment Compensation and method of pay-inert shall. be as :follows for services selected pursuant to Scope;,of Services 1.A, 1.B. and 1.C: A, Scope of Services 1: A: - .Fined. Fee For Fall of the.above services provided pursuant to Scope of Services 1.A., City ,agrees to pay Consultant. upon, submission of claims to the State. Controller due - No~ember 30,, `199 L, a fixed. fee of ;two afio,usand six hundred fifty dollars ($2,650). The fixed .fee ,shall °be; due 'upon receipt; of Consultant's invoice following submission of such claims. B'. Scope..of Services 1:B - Contiir 'ent Fee.: TNe City shall .pay the' Consultant ~a. fee: equal to thirty percent; (30.%) of aldl :claims filed and paid to' a, maximum of seven thousand dollars ($7,000)'... C. Scope. of.Servees.-1.:C - Contingen"t Eee The City shall pay,the.Consultant.a fee-equal to thirty percent (30%) of all claims filed and.`paid by the State -to a maximum of seven thousand dollars ($T,000). D. Contin~ent"Fee Payment Payment `for" contingent,claimng shall 'be made from monies .actually received .from fie, State resulting .from the' Consultanf.'-sefforts. .Monies received shall, be defined as actual :payments. resulting.. from the Consultants filing estimated claims fo 'FY 199;1,92 randactual payments received. for` actual fiscal year costs as allowed, for in they State Controller's claiming instructions that are 'issued prior to September , 1992-and .as contained' in Scope of Services, 1.B ;and 1.C herein. The fee, which in, no ease shall. exceed. the ;mazmurn amount, is due• within .four weeks of City receipt of reimbursement from the State. 5.Services and 1Vlaterials fo be >E~rnished 'by' the City. 'The Consultant shall, provide guidance to the City _in. determining the data required, for claims submission-: The Consultarit~sYall assume all data so proyi'ded to be correct: The -'City further agrees to .provide aTl pecificah~y~ requested data, 'documentation ..and 'information ao. the Consultant in a timely ,manner:- Consultant shall make its best effort to file claims din, a timely manner pursuant to ,Scope of Services 1., A, 1.B and 1,.C. . 'Consultant shall :not. be liable for claims that can: not be:filed as a result of inadequate data or data^ provided .in an untimely manner. For purposes ~of this Agreement, data that is requested' prio to November 1, 1991. must be received 6y the. Consultant by November 15, 1991 to''be- deemed, to hawe~beenreceived in a ;timely manner. '6:, Not_Obligated°to ThirdParties The. City .shall _not. be: obligated. or liable hereunder to any party .other than. the Consultant.: 7, ,Consultant Liability `if Audited. '. ' The Consultant will .assume all. financal• and ,statistical .information provided to the . Co nsultant by City employees. or representatives ~ 'is accurate and complete. Any subsequent disallowance of funds paid fo the .City under. the claims .for whatever reason is the sole: responsibility of'the City. Except"that,` should the: City be required. to return money that. the Consultann~ was paid in contingent fee he Consultant shall return. this amount to "the City: 8: Indirect Costs The cost claims to~be submitted'by the Consultant may consist of both directand indrect. costs. The Consultant may either utilize the~~ten percent. (l0°%) 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 cenfral service cost :allocation plan or a, departmental indirect cost rate proposal `for ;ti%e City. 9 Consultant Assstanceif Audited ' The Consultant shall make w,orkpapers and:. other;records available to the state. auditors,. :. The Consultant shall provide assistance to Elie City in defending claims submitted if an audit results 'iri ,a d'isall'owance, of a least ;twenty° percent- (2Q %) or ,seven hundred f fty dollars ($75Q), whichever is greater. Reductions of ess than twenty percent (20%). or seven;,hundred f fty dollars ($750) shall not be contested by: the Consultant, 10.. City Contact Person The City designates the following ndiyi`dual as contact person for Phis contract: Name: Title:- Address:. " Telephone ~ FAX: 11. Contract, Validity Date aft rethatldat 1SthenConsum~tbe signed by the City by September 20, 1991. If signed . cannon. guarantee acceptance of the Agreement- unless otherwise :agreed upon. ,. .~ Offer is made~.by Consultant:. Date:- ~ ~ ~" T David M. Griffith & Associates, Ltd. By: -Louis E'.. C app ' , Executive Vice esidenf Offer is accepted by City.: ' By: Date:' ATTFS'T: Please note that we cannot.guaranty acceptance of th's Agreement i€~it is not returned by the date indicated in Paragraph 11. Please Retu_ rn 'One Signed Copy 'of :Agreement To: David M. Griffth & Associates, Ltd. 57:15 Marconi Avenue,; Suite. A Carmichael, California .95608 ~(9 b) 485'-81;02 FAX: (916) 485-0111.