Resolution No. 6072
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RESOLUTION NO. 6072
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A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF VERNON APPROVING AND AUTHORIZING
THE EXECUTION OF FISCAL YEAR 1991-1992
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. has
9 been preparing, processing and filing the city of Vernon's
10 claims for reimbursement of state mandated costs from the State
11 of California for several years in an effective manner; and
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WHEREAS, the City of Vernon again requested David M.
13 Griffith and Associates, Ltd. to prepare, process and file such
14 state mandated cost claims, and David M. Griffith and
15 Associates, Ltd. has submitted the "Agreement to Provide
16 Mandated Cost Claiming services" for the fiscal year 1990-1991
17 actual costs and the fiscal year 1991-1992 estimated costs.
18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
19 THE CITY OF VERNON AS FOLLOWS:
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SECTION 1:
The City Council of the City of Vernon
21 hereby finds and determines that the recitals contained
22 hereinabove are true and correct.
23 SECTION 2: The City Council of the City of Vernon
24 hereby approves the Agreement to Provide Mandated Cost Claiming
25 Services for fiscal year 1991-1992, a copy of which has been
26 presented to the City Council concurrently with this resolution,
27 and the City Council hereby orders said Agreement to be received
28 and filed by the City 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
Agreement for, and on behalf of, the City of Vernon.
SECTION 4: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 7th day of April, 1992.
ATTEST:
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BRUCE V. MALKENHORST, City
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~ EONIS C. MAL G, Ma or
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No. 6072, was duly adopted by the City Council of the
ci ty of Vernon at a regular meeting of the City Council duly
held on Tuesday, April 7, 1992, and thereafter was duly signed
by the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
(SEAL)
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Agreement to Provide
Mandated Cost Claiming Services
The City of Vernon. (hereinafter City) and David M. Griffith & Associates, Ltd. (hereinafter
Consultant) jointly agree as follows:
1. Scope. of Services
The Consultant shalLfile claims for reimbursable statetnandated costs as provided herein.
A. Annual State Mandated Cost Claims
The Consultant shall prepare, submit and file on the City's behalf the fOllowing
applicable state mandated cost claims:
(1) Police Department Domestic Violence Calls as specified in Chapter 1609,
Statutes of 1984. Fiscal year 1990-91 actual costs and 1991-92 estimated
costs.
(2) Police Department CPR Pocket Masks as specifle(i in Chapter 1334,
Statutes of 1987. Fiscal year 1990-91 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 1489, Statutes of 1984. Fiscal years 1990-91 actual
costs and 1991-92 estimated costs.
(9) 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 A. are claims that are included in the State
Controller's claiming instructions that provide for claims to be submitted by November 30,
1991.
B. Scope of Services--Senate Bill 1333 Claims & Senate Bill 174 Claims
The Consultant shall prepare, submit and file on the City's behalf the following
new or first time state mandated cost claims pursuant to the Controller's claiming
instructions which are scheduled for release in October and November 1991 and
inc1udeprovisions for the reimbursement of mandates authorized in Senate Bill
1333 (Dills) of 1990 and Senate Bill 174 (Alquist) of 1991.
(1) Investment Reports as specified in Chapter 1226, Statutes of 1984. All
applicable years.
(2) Open Meetings Act as specified in Chapter 641, Statutes of 1986. All
applicable years.
(3) Subdivision Mergers as specified in Chapter. 845, Statutes of 1983. All
applicable years.
(4) Permanent Absent voters as specified in Chapter 1422, Statutes of 1982.
A1Fapplieable years.
2. Consultant Claim Filin~ Requirements
A. Best Effort To File Claims
The Consultant shall make its best efforts to file claims pursuant to the Scope of
Services LA. and loB. 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 be filed for all of the mandates listed nor that the filed
claims will be complete claims.
B. Copies of Claims and Work Papers
Copies of all claims filed with the State shall be furnished to the City within 30
days after having been filed with the State. The Consultant shall make copies of
the work papers available to the City upon its request.
3. Limitation On Services Scope
Notwithstanding any other provisions of this.. Agreement, the submission of claims
pursuant to Scope of Services. 1.A and 1.B may be waived in the following
circumstanceS:
A. At City Option. At. the discretion of the City, the City at the time of contract
execution, may select . either or both services described under Sections 1.A and
1.B above (Scope of Services). Selection of one service and not .the other is
indicated by striking through the entire applicable paragraph. above (Scope of
Services 1A. or Scope of Services. lB.). In so striking out such paragIClPh 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 M~thod of Payment
Compensation and method of payment shall be as follows for services selected pursuant
to Scope of Services. 1.A, and 1.B.
A. Scope of Services 1.A - Fixed Fee
For. all 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
November 30, 1991, a fixed fee of three thousand four hundred fifty dollars
($3,450). The fixed fee shall be due upon receipt of Consultant's invoice
following submission of such claims.
B. Scope of Services 1.B - Contingent Fee
The City shall pay the Consultant a fee equal to thirty percent (30%) of all claims
filed and . paid to a. maximum of seven thousand ..dollars ($7,000).
C. Contingent Fee Payment
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 the Consultants filing estimated claims
for FY 1991-92 and actual payments received for actual fiscal year costs as
allowed for in the State Controller's claiming instructions that are issued prior to
September 1, 1992 and as contained in Scope of Services 1.B herein. The fee,
which in no case shall exceed the maximum amount, is due within four weeks of
City receipt of reimbursement from the State.
5. Services and Materials to be Furnished 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 1.A and 1.B. 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
prior to NoveQ1ber 1, 1991 must be received by the Consultant by November 15, 1991
to be deemed to have been received in a timely manner.
6. Not Obli2ated to Third Parties
The City shall not be. obligated or liable hereunder to any party other than the
Consultant.
7. Consultant Liability if A~dited
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. Except that, should the City be required to return
money that the Consultant was paid in contingent fee the Consultant shall return this
amount to the City.
8. 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.
9. Consultant Assistance if Audited
The Consultant shall make work papers 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 a 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.
10. Term of A~reement
This Consultant shall commence upon notification by the City and shall complete all
work required by this agreement no later than August 31, 1992.
11. Time for Performance
The Consultant shall file all claims in accordance with the State Controllers claim. filing
deadlines that are contained in the appropriate Controller Claiming Instructions.
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12. Independent Contractor
The Consultant is a national consulting firm and is an independent contractor. The work
will be prefol11led by consultants in the firms Western Region offices.
13. Prohibition Aeainst Asshmments
The . Consultant. shall not assign any work to any firm or individual outside the
Consultant's.Western Region offices unless it first obtains written permission from.the
City. .
14. City Contact Person
The City designates the following individual as contact person for this contract:
Name: Norman J. Michiels
Title: Director of Environmental Health
Address: 4305 Santa Fe Avenue, Vernon, CA 90058
Telephone 213 583-8811
Fax: 213 581-1385
OFFER IS MADE BY CONSULTANT:
OFFER IS ACCEPTED BY CITY;
Date: ] 4 c h /..;
David M. Griffith & Associates, Ltd.
By:
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Richard pearl' .
Vice President
APFRG1TED P/2. ~o F0;'~~I'1
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CITY AT'TC~,~Y
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Please Return One Signed Copy of Agreement To:
David M. Griffith & Associates, Ltd.
5715 Marconi Avenue, Suite A
Carmichael, CA 95608
(916) 485-8102
Fax (916) 485-0111