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R 3244 .. . RESOLUTION NO. 3244 [ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AUTHORIZING A CONTRACT WITH DAVID M. GRIFFITH & ASSOCIATES, L TO. FOR 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 mandated 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 tenns 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 aU acts authorized hereunder performed' prior to the. passage of this resolution are hereby ratified and affirmed. On motion of Council Member Runels , seconded by Coundl Member Lady , -- and on the following roll call vote, to wit L. AYES:Council Members Runels, Lady, Fuller, Tolley, And Mayor Dougall NOES:None ABSENT: None eso/ution was passed and adopted this 8th day of July, 1997. A. K "PETE" DOUGAL , MAYOR ATTEST: ~. a.~ NANC~IS, CITY CLERK ro, I I l__ _ --- - . . "'1 RESOLUTION NO. 3244 Page 2 ..~~j APPROVED AS TO FORM: APPROVED AS TO CONTENT: ltb-L. tt~ 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;3244is a true, full, and correct copy of said Resolution passed and .. adopted at a regular meeting of said Council on the 8th day of July 1997. WITNESS my hand and the Seal of the City of Arroyo Grande affIXed this 1 6ttday of July I 1997. .. .1J(P~O. ~ NANCY A. VIS, CITY CLERK J --~.--- ----- . RESOLUTlON NO. _3244 [ 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: I1lli! Name Mayor AK .Pete" Dougall Mayor Pro Tern Michael Lady Council Member Michael Fuller Council Member Thomas A Runefs 6'W ~ Council Member Steve Tolley ~ WITNESS my hand and the Seal of the City of Mayo Grande affixed this day of, . -. 1997. '1l a.~ NANC~~VISt CITY CLERK -----~-- . . Contract Number: F97 -233 I A"oreement to Provide i Mandated Cost Oaiming Services I ;,.".1 THIS AGREEMENT, entered into this 8th day of July . 1997 and effective immediately by and between David M. Griffith & Associates, Ltd. (hereinafter "Consultant") and the City of Arroyo Grande (hereinafter .Cityll), WHEREAS, Article XIIIB of the California State Constitution provides that cities may recover costs associated with carrying out programs msmd~terl by the State of California, WHEREAS, the City desires to obtain maximum reimbursement for costs incmTed in carrying out State mandated programs, and has detennined that: er18"gmg the Consultant to assist in the mandated cost claim preparation process is the most economical and cost effective means for preparing the CitYs state mandated cost dRim~: 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 d:- -ires to engage the Co~dtaut to assist in developing, submitting, and ~ negotiatiD] cost claims 1- -~:ning to state mannmed programs. NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Scone of Services The Consultant shall prepare claims for ~le state mandued costs as provided herein. . A. Annual State Mandated Cost Reimbursement Claims The Consultant shall prepare and file applicable actual annual state mandated cost reimbursement claims for the 1996-97 fiscal year and estimated c1aim(s) for the 1997-98 fiscal year. The fiseat year 1996-97 actual claims to be filed are claims that are included in the State Controllers Claiming Instmctions that provide for timely filed claims to be submitted by November 30, 1997. B. All Other Oaims for Which Oaiming Instructions Are Issued in FY 1997-98 With the exception of the claims in Scope of Services 1.A above, the Consultant shall prepare, submit and file on the Citjs behal( all other eligible actual and estimated state J mandated cost reimbursement claims for which State Controller C1aiming Instructions are issued in the 1997-98 fiscal year. City of Arroyo Grande - 1 - June 12. 1997 . - Contract Number: F97 -233 2. Consultant Oaim Filio2 Requirements [ The Consultant shall file these claims to the extent that appropriate documentation is d 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 appJic:able m,nd~es listed. 3. Costs and Method of Comoensation A. Scope of Services 1.A. - Annual State Mandated Cost Reimhanemem: Oaims For the services provided pursuant to Scope of Services l.A, the City agrees to pay the Consultant upon submission of the claims to the State CODtmUer, &. fixed fee of two thousand three hundred dollars ($2,300). The fixed fee sbai be due upon receipt of Consultanrs invoice following submission of suchdaim(s). B. Scope of Services 1.B. - All Other New or YII'St- T1IDel)~dm~ for Which CJ~iming Instructions are Issued in FY 1997-98 At its discretion, the City shall at the time of contract execution, select either of the two methods of compensation described below. Selection of the p'e&aQ{ fee and payment .:angem.ent shall be made by cb~fnng the appropriate box adjacent to the prete. " IJption presented below. r--- ~ .. ~ eke~ aJfF~IJx. ~ tke fJaq~:w:t 6fttw?: S,':' """"''"' t, J J~'" . . '" II. , . . o 0F110N 1: Frxed Fe/! Arrangement For the services provided pursuant to Scope of Services 1.B, the ctti agrees to pay the Consultant upon submission of the c:!aims to the State ComJ:ol1er, a fixed fee of one thousand eight hundred doJJars ($1,800). The fixed = sbaIl be due upon receipt of Consultant's invoice after May 1, 1998, o OPTION,l: Contingent Fe/! Arrangf!1llJ!1lt For the services provided pursuant to Scope of Services 1.B, the CitY agrees to pay the Consultant a contingent fee oftbirty percent (30%) of the amount claimed and paid, to a maximum of two thousand three hundI'ed deBars ($2,300). Payment shall be made ftom monies actually received ftom. the State resulting from the Consultant's efforts. Monies received shall be d~ as payments resulting <<om the Consultant's filing of cost claims listed in Scope of Services LB. In the event that the total amount of claims paid by the State is (ess than one thousand six hundred sixty-seven dollars ($1,66/), the City shall pay the Consultant a fixed fee of five hundred dollars ($500). City of Arroyo GraDde -2- JUDC 12. 199i ~'--'-~^"---'- -------- -.-. . . ConttactNumber: F97-233 1 The fee, which in no case shaJl exceed the maximum amount, is due within four i weeks of City receipt of reimbursement from the State. " 0.;1 If a selection. is not indicated by the City, the fixedfee option. will be considered the defmdt option. and. the at] will be billed accordingly. 4. Services and Materials to be Furnished bv the Citv The Consultant shall provide guidance to the City in determining the data required for claims submission. The Consultant shaJl assume all data so provided to be correct. The City further agrees to provide all specifically requested data, documP.T1tSl~on and information to the Consultant in a ~e1y mA1111P-r. Consultant shall make its best effort to file claims in a timely manner pursuant to Scope of Services. Consulntyt 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 fiIittg nMri1ine. whichever would come first, to be deemed to have been received in a timely msmn~. It is the 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 Obli1!ated to Third Parties -. ~__.J The City sha1l not be obJigat~ or liable hereunder to any party other than the CoDSUltant. 6. Consultant LiabiIitv if Audited The Consultant will assume all financial and statistical infonnation provided to the Consultant by City employees or representatives is a.caJIate and complete. AI1y 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 ConsultaDt 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 ceoual service cost allocation plan or departmental indirect cost rate proposals for the City. J City of Arroyo Gr.mde - 3 - June 12. 199i --~- - . Conttact Number: F97 -233 8. Consultant Assistance if Audited [ If audit~ the Consultant shall make workpapers and other records available to the State auditors. If requested by the City, the Consultant sbaIl 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 ($150), whichever is greater. ReductioDS of less than twenty percent (20%) or seven hundred fifty dollars ($150) shall not be conteSted by the Consultant. 9. Insurance Consultant shall acquire and mRintaio appropriate general 1iability inmrmce, workers' compensation insurance, automobile insurance, and professioualIiabllityirJsurance. 10. Cham!es The City may, fi'om time to time, require changes in the scope of services of the Consultant to be performed hereunder. Such changes, which are tmm1~ny agreed upon by and betWeen the City and the Consultant, shall be incorporated in written :I~n~ent to this agreement. 11. Termination of A1!Rement ~ L,__ n: through any cause, the Consultant shall tail to fuJfi]l in a timely and proper mSlnner its obligation under this agreement, the City shall thereupon have the right to ter:mi:oate this agreement by giving written notice to the Consultant of such ~atiQD. and specifying the effective date thereo( at least five (S) days before the effective date of such termin~on. 12. City Contact Person The City designates the following individual as contact person for this COIltIact: Name: Lynda K~ Snodgrass Telephone: (805) 473-5432 Title: Director of Financial Services Fax: (805) 473-0386 . Address: 214 East Branch Street. Arroyo Grande, CA 9 3420 13. Executed Contract To be valid this contract must be signed by the City by July 30, 1997. If signed after that ,-,.' date, the Consultant cannot guarantee acceptance of the Agreement unless otherwise agreed upon. City of Acroyo Grande -4- Iuae 12. 1997 - ...._-...- -------...-- -- . .. ContractNumber: F97-233 If the City requests that DMG prepare the claim(s), and DMG prepares and submits the claim(s) without the City having executed and forwarded a copy of this contract to the Coo!;111tant prior to ,:....i the due date of the reimbursement claim, a signature by a City employee on the cIaim(s) coversheet( s) indicates the City's acceptance of this contract and its terms. If the City does not indicate on the contract which option it prefers under Section 3.B., the contract type shall defa.ult to the fixed fee type. OFFER IS MADE BY c~ O~IS ACCJ!;y~ ~ CITY ~,-_ ~ ~ J1mL./fWJl Allan P. Burdick, Vice President City Official . David M. Griffith & Associates, Ltd. Date: June 12. 1997 Date: Julv 16, 1997 Payment Option for ScopeiofService 1.B.: F:lXed Fee: ContiDgeat Fee: X ~ . (please initial, in the spoceptfWided above, -- the prefen-ed option sekct6d for payment of services under "Section 3.B. - AJl Other New or First Tune CIaimsn oftllis contract) J City of AIToyo Gr.mde -5- J11IIe 12. 1997