Resolution No. 5673
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RESOLUTION NO. 5673
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND AUTHORIZING
THE EXECUTION OF AN AGREEMENT TO PROVIDE
MANDATED COST CLAIMING SERVICES BY AND
BETWEEN THE CITY OF VERNON AND DAVID M.
GRIFFITH AND ASSOCIATES, LTD.
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WHEREAS, David M. Griffith and Associates, Ltd.
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(hereinafter DMG) has been preparing, processing and filing the
City of Vernon's SB 90, State Mandated Cost Claims, for several
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years in an effective manner; and
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WHEREAS, it is time for the city of Vernon to
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12 submitted an Agreement to Provide Mandated Cost Claiming
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Services for the Fiscal Year 1988-89 actual costs and 1989-90
estimated costs; and
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WHEREAS, Section 10 of said Agreement indicated that in
order for the fixed fee compensation stated therein to be valid
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that the contract had to be signed by the City of Vernon no
later than September 15, 1989; and
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WHEREAS, by letter dated September 15, 1989, DMG has
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extended said contract finalization date to september 19, 1989.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City Council of the City of Vernon
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hereby finds and determines that the recitals contained
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hereinabove are true and correct.
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SECTION 2:
The City Council of the City of Vernon
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concurrently with this resolution and the City Council hereby
orders said Agreement to be received and filed by the City
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Clerk.
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SECTION 3: The City council of the City of Vernon
hereby authorizes the Mayor and the City Clerk to execute said
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Agreement for, and on behal f of, the City of Vernon and
instructs the city Administrator to pay the necessary fees.
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SECTION 4: The City Clerk of the City of Vernon shall
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certify to the passage of this resolution and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 19th day of September, 1989.
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ATTEST: // . ,> // /_
/1~/~LV( I~ /ift:a4?~
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 5673, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City council duly
held on Tuesday, Seotember 19. 1989 and thereafter duly signed
by the Mayor of the City of Vernon.
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~ /J/~~
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BRUCE V. MALKENHORST, City Clerk
(SEAL)
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8:16 DAVID BREARLEY
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OA V{O M. GRIFFITH AND ASSOCIA TES, LTD.
september 15,1989
'1 ~d.6 '(9
Post-It'" brand fax transmittal memo 7671
'rom
To
Mr. David Brearley
city Attorney
City of Vernon
City Hall
4305 Santa Fe Avenue
vernon, CA 90058
Co.
Co.
Dept.
Fax"
Fax'
Dear Mr. Brearley:
d Mari;;u'- -_._~
Senior Project Manager
oc: FAX to City Attorney 9/15/89.
12509 Oxnard Street. Suite A . North Hollywood, CA 91606 . (818) 760-7136 . FAX (818) 760-089P
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Agreement to Provide
Mandated Cost Claiming Services
The City of Vernon (hereinafter Agency) and David M. Griffith and
Associates, Ltd. (hereinafter Consultant) jointly agree as
follows:
1. ScoDe of services
The Consultant shall file claims for state mandated costs as
provided herein.
A. Scope of Services - continuinq Claiminq Opportunities
The Consultant shall prepare, submit and file on the
Agency's behalf the following State mandated cost
claims.
(1) Title 8, CAC, pertaining to Firefighters Safety
clothing and Equipment and Wildland Firefighters
Safety Clothing and Equipment. Fiscal Year 1988-89
actual costs and 1989-90 estimated costs.
(2) Title 8, CAC, Pertaining to Firefighters Personal
Alarm Device Costs. Fiscal Year 1988-89 actual
costs and 1989-90 estimated costs.
(3) Chapter 486 of 1975 & Chapter 1459 of 1984,
pertaining to costs of SB 90 claiming. Fiscal
year 1988-89 actual costs and 1989-90 estimated
costs.
(4) Chapter 177 & 1111 of 1985, pertaining to Police
Department Missing Persons Reports. Fiscal year
1988-89 actual costs for period of July 1, 1988
through December 31, 1988.
(5) Chapter 1203 of 1985, pertaining to Police
Department Motorist Assist Calls. Fiscal Year
1988-89 actual costs and 1989-90 estimated costs.
(6) Chapter 1609 of 1984, pertaining to Police
Department Domestic Violence Calls. Fiscal Year
1988-89 actual costs and 1989-90 estimated costs.
(7) Chapter 1334 of 1987, pertaining to Police
Department CPR Pocket Masks. Fiscal Year 1987-88
and 1988-89 actual costs and 1989-90 estimated
costs.
B. Scope of Services - New Claiminq Opportunities
The Consultant shall prepare, submit, and file on the
Agency's behalf the following State mandated cost
claims, provided the State Controller's Office issues
claiming Instructions pertaining thereto prior to
September 1, 1990.
(1) Title 8, CAC, pertaining to Firefighters Safety
clothing and Equipment and wildland Firefighters
Safety Clothing and Equipment costs pertaining to
repair, replacement, and spare parts and
maintenance thereof. Fiscal Years 1978-79 through
1988-89 actual costs and 1989-90 estimated costs.
(2) Chapter 668 of 1985, pertaining to Police
Department Domestic Violence calls, training costs
thereof. Fiscal Years 1985-86 through 1988-89
actual costs and 1989-90 estimated costs.
(3) Chapter 1456 of 1988, et aI, pertaining to Missing
Persons Reports Requirements. Fiscal Year costs
from January 1, 1989 through June 30, 1989 actual
costs and Fiscal Year 1989-90 estimated costs.
(4) Chapter 1490 of 1984, pertaining to Business Tax
Reporting Requirements. Fiscal Years 1985-86
through 1988-89 actual costs and 1989-90 estimated
costs.
2. Limitation On Scone of Service
A. At Aqencv ontion - Scope of services I.B.
At the discretion of the Agency, the Agency may elect
to decline Consultant services for New claiming
opportunities, Scope of Services I.B. This election
may be in its entirety for I.B. or for any particular
service contained in I.B. This election may be made at
the time of contract execution by striking through the
service (s) in 1. B. that is/are not desired. This
election may also be made subsequent to the issuance of
the applicable Controller's Claiming Instructions
provided the Consultant is notified in writing ninety
(90) days before the claim(s) is/are due. In so
striking out or notifying the Consultant in writing of
declination of service, all references to that service
contained in this Agreement are deleted without further
action required by the Agency. All provisions of the
Agreement relating to the remaining services continue
in effect.
B. At Consultant option - Scope of services I.B.
At sole discretion of the Consultant, the Consultant
may notify the Agency of its intention to not pursue a
specific claim listed under Scope of Service I.B. and
the reasons therefore. Such notification must be in
writing and provided to the Agency not less than twenty
one (21) days prior to the due date of the claim.
C. Consultants Best Efforts in ClaiminQ Filing
The Consultant shall make its best efforts to file
claims pursuant to Scope of Service 1. A. and 1. B.
Consultant shall not be liable for claims that can not
be filed as a result of lack of or inadequate data.
3. Compensation and Method of Payment
Compensation and Method of Payment shall be as follows for
services selected pursuant to Scope of Services I.A, and
I.B.
A. Scope of Services I.A
For all of the above services provided, Agency agrees
to pay Consultant upon submission of claims to the
State Controller due November 30, 1989, a fixed fee of
three thousand two hundred fifty dollars ($3,250).
Excepting, that in the event the Agency fails to
execute this agreement by the deadline noted in item 10
(Contract validity date) then the fixed fee shall
automatically be increased 10% if signed and accepted
during the ensuing grace period. The fixed fee shall
be due upon receipt of Consultant invoice following
submission of claims pursuant to Scope of services I.A.
B. Scope of Service I.B.
compensation for these mandates shall consist of a
retainer and contingent fee amount.
(1) Retainer. Upon issuance of CLAIMING INSTRUCTIONS
by the State Controller of the first of any of the
programs listed under Scope of services I.B., the
Agency shall at that time, pay the Consultant a
retainer in the amount of five hundred fifty
dollars ($550). The retainer shall be returned to
the Agency at the claims submission deadline for
all applicable claims, if Consultant filed claims
pursuant to this Scope of Services do not exceed
the retainer by at least two times.
(2) Contingent Fee. The Agency shall pay the
Consultant a fee equal to thirty percent (30%) of
all claims filed and paid to a maximum of six
thousand five hundred dollars ($6,500).
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Payment for contingent claiming shall be made from
monies actually received from the state resulting from
the Consultant's efforts. Monies received shall be
defined as actual payments resulting from Consultants
filing estimated claims for FY 1989-90 and actual
payments received for actual Fiscal year costs as
allowed for in the state Controllers CLAIMING
INSTRUCTIONS that are issued prior to September 1, 1990
and as contained in Scope of Services I.B herein. The
fee, which in no case shall exceed the maximum amount,
is due wi thin four weeks of Agency receipt of
reimbursement from the state.
4. Services and Materials to be Furnished bv the Aqency
The Consultant shall provide guidance to the Agency in
determining the data required for claims submission. The
Agency, fol10wing the Consultant guidance, shall provide
assistance in the accumulation of the required data to
facilitate claims submission. The Consultant shall assume
all data so provided to be correct.
s. Not Obliqated to Third Parties
The Agency shall not be obligated to liable hereunder to any
party other than the Consultant.
6. Consultant Liabilitv if Audited
The Consul tant will assume all financial and statistical
information provided to the Consultant by Agency employees
or representatives is accurate and complete. Any subsequent
disallowance of funds paid to the Agency under the claim for
whatever reasons is the sole responsibility of the Agency.
Except that, should the Agency be required to return money
that the Consultant was paid in contingen~ fee, the
Consultant shall return this amount to the Agency.
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 Agency records support such a calculation. The
Consultant by this Agreement is not required to prepare a
centra 1 service cost allocation plan or a departmental
indirect cost rate proposal for the Agency.
8. Consultant Assistance if Audited
The Consultant shall make workpapers and other records
available to auditors. The Consultant shall provide
assistance to the Agency in defending claims submitted if an
audit results in a disallowance of twenty percent (20%) or
more of the original claim submitted. Reductions of less
than twenty percent (20%) shall not be contested by the
Consultant.
9. Contact Person
The Agency designates the following individual as contact
person for this contract:
Name: 1I00000y\'L.. ~
Title: '"D '( , ~
Address: ~~ ~ ~"-"~
Telephone: (~/~) "'\R3.-~" (
10. Contract validity Date
To be valid at the fixed cost stated in paragraph 3A, this
contract must be signed by the Agency by September 15, 1989.
If signed after that date, the additional fee provision
applies as outlined in paragraph 3A herein. After October
1, 1989 the Consultant cannot guarantee acceptance of the
Agreement.
Offer is Made by Consultant:
Date:
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David
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APPROVED AS TO FORM
By:
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em A1T*Y
ATTEST:
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Offer is Accepted by Agency
By'-r!:~~ .
Date: /tJ/S/fr1
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Please note that we can not guaranty acceptance of This Agreement
if it is not returned by the date indicated in Paragraph 10.
Please Return One Signed Copy of Agreement To:
DAVID M. GRIFFITH AND ASSOCIATES, LTD.
5715 Marconi Avenue, suite A
Carmichael, CA 95608
(916) 485-8102