Loading...
R 3334 . . RESOLUTION NO. 3334 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING A CONTRACT WITH DMG-MAXIMUS FOR THE MANDATED COST RECOVERY SERVICES WHEREAS, City of Arroyo Grande, County of San Luis Obispo, State of California ("City") is duly authorized and existing under the laws of said State; and WHEREAS, the City has entered or will enter into agreements for the development, submission, and negotiation of cost claims pertaining to state 'l1andated programs, NOW, THEREFORE, BE IT RESOLVED, that the City Manager of the City of Arroyo Grande be' hereby authorized in the name and on behalf of City to enter into binding agreements with the Corporation for mandated cost recovery services, upon such terms as may seem advisable to said officer)s) and to execute, as agent for the City, all necessary agreements. The authority given hereunder shall be deemed retroactive and any and all acts authorized hereunder performed prior to the passage of this resolution are hereby ratified and affirmed. On motion of Council Member Runels, seconded by Council MemberTolley , and on the following roll call vote, to wit: AYES: Council Members Runels, Tolley, Lady, Fuller, and Mayor Dougall NOES: None ABSENT: None lution was passed and adopted this 27trday ofO::;td:-er, 1998. ATTEST: 'fla. ~ NANC~S, CITY CLERK. '. RESOLUTION NO. 3334 Page 2 APPROVED AS TO FORM: APPROVED AS TO CONTENT: ~LvsL_~~ ROBERT L. HUNT, CITY MANAGER I, NANCY A. DAVIS, City Clerk of the City of Arroyo Grande, County of San luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing Resolution NO.33 3 4 is a true, full, and correct copy of said Resolution passed and adopted at a regular meeting of said Council on the 27th day of 0::Xd:er 1998. WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 5th day of November ,1998. . 0.. ~VIS, CITY CLERK RESOLUTION NO. 3334 PAGE 3 INCUMBENCY CERTIFICATE City of Arroyo Grande I further certify that the officer(s) referred to in the foregoing resolution is/are now held by the following: Title Name Mayor A.K "Pete" Dougal MaY9r Pro T em Michael Lady Council Member Michael Fuller Council Member Thomas A. Runels Council Member Steve Tolley WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 20th day of November, 1998. NANCY A. AVIS, CITY CLERK .-. - . ....... Contract Number: F9~~233 Agreement to Provide ; Mandated Cost Claiming Services TIllS AGREEMENT, entered into this 20th day of. November , 1998 and effective immediately by and between David M. Griffith & Associates, Ltd. (hereimlfter "Consultant") and the City of Arroyo Grande (hereinafter "City"), WHEREAS, Article XIIIB of the California State Constitution provides that cities may recover costs associated with carrying out programs mandated by the State of California, WHEREAS, the City desires to obtain maximum reimbursement for costs incurred in carrying out State mandated programs, and has determined that engaging the Consultant to assist in the mandated cost claim preparation process is the most economical and cost effective means for preparing the ,City's state mandated cost claims; and WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced in determining the costs of governmental programs and in the submission of cost claims to the State of California, and WHEREAS, the City desires to engage the Consultant to assist in developing, submitting, and negotiating cost claims pertaining to state mandated programs. NOW, THEREFORE, the parties hereto mutually 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 Reimbursement Claims The Consultant shall prepare and ftle applicable actual annual state mandated cost reimbursement claims for the 1997-98 fiscal year and estimated claim(s) for the 1998-99 fiscal year. The fiscal year 1997-98 actual claims to be filed are claims that are included in the State Controller's Claimirig Instructions that provide for timely filed claims to ~e submitted by January 15, 1999. " B. All Other Claims for Which Claiming Instructions Are Issued in FY 1998-99 With the exception of the claims in Scope of Services 1.A. above, the Consultant shall prepare, submit and file on the City's behalf, all other eligible actual and estimated state mandated cost reimbursement claims for which State Controller Claiming Instructions are issued in the 1998-99 fiscal year. - . _ 1 _ September 29, 1998 Contract Number: F9~233 2. Consultant Claim Filinl! Reauirements The Consultant shall file these claims to the extent that appropriate documentation is available and verifiable and that claim amounts exceed $200 per claim. 3. Costs and Method of Compensation A. Scope of Services 1.A. - Annual State Mandated Cost Reimbursement Claims For the services provided pursuant to Scope of Services 1.A., the City agrees to pay the Consultant upon submission of the claims to the State Controller, a fixed fee of two thousand four hundred dollars ($2,400). The fixed fee shall be due upon receipt of Consultant's invoice following submission of such claim(s). B. ,. Scope of Services 1.B. - All Other New Claims for Which Claiming Instructions are Issued in FY 1998-99 For the services provided pursuant to Scope of Services 1.B, the City agrees to pay the Consultant a contingent fee of thirty percent (30%) of the amount claimed and paid, to a maximum of two thousand four hundred dollars ($2,400). Payment shall be made from monies actually received from the State resulting from the Consultant's efforts. Monies received shall be defined as payments resulting from the Consultant's filing of cost claims listed in Scope of Services 1.B. In the event that the total amount of claims paid by the State is less than one thousand six hundred sixty-seven dollars ($1,667), the City shall pay the Consultant a fixed fee of five hundred dollars ($500). The fee, which in no case shall exceed the maximum amount, is due within four weeks of City receipt of reimbursement from the State. 4. Services and Materials to be Furnished bv 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 arid 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 by the Consultant must be provided within three weeks of the request, or three weeks prior to the filing deadline, whichever would come first, to be deemed to have been received in a timely manner. It is the City of Arroyo Grande - 2- September 29, 1998 . Contract Number: F98-233 responsibility of the City to provide the Consultant with payment information upon receipt of disbursements from the State for any and all claims filed pursuant to this agreement. 5. Not Obli2'ated to Third Parties The City shall not be obligated or liable hereunder to any party other than t~e Consultant. 6. Consultant Liabilitv 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 departmental indirect cost rate proposals for the City. 8. Consultant Assistance if Audited If audited, the Consultant shall make workpapers and other records available to the State auditors. If requested by the City, the Consultant shall provide assistance to the City in defending claims at the desk audit level if an audit results in a disallowance of at least twenty percent (20%) or seven hundred fifty doIlars ($750), whichever is greater. Reductions of less than twenty percent (20%) or seven hundred fifty dollars ($750) shall not be contested by the Consultant. Notbing in this section or any part of this Agreement shaH be construed to include Incorrect Reduction Claims preparation. 9. Insurance Consultant shall acquire and maintain appropriate general liability insurance, workers' compensation insurance, automobile insurance, and professional liability insurance. 10. ' Chan2:es 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 agreement. - , ~ . -':1- September 29, 1998 Contract Number: F9,8;.233 11. Termination of A2reement If, through any cause, the Consultant shall fail to fulfill in a 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 date 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: Robert L. Hunt Telephone: (805 ) 473-5404 Title: .Ci ty Manager Fax: (805) 473-0386 Address: P.o. Box 550, Arroyo Grande, CA 93421 OFFER IS MADE BY CONSULTANT OFFER IS ACCEPTED BY CITY KtJL~tTL, H.~l -..' By: City Official- Ci ty Manager Date: September 29. 1998 Date: November 1998 City of Arroyo Grande ~4- September 29, 1998