Resolution No. 6175
,.
1
RESOLUTION NO. 6175
2
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. FOR FISCAL
YEAR 1992-1993
3
4
5
WHEREAS, the City Council by Resolution No. 6072 approved an
6
Agreement to Provide Mandated Cost Claiming service for the 1991-1992
7
fiscal year with David M. Griffith and Associates, Ltd. which
8
provided for preparing, processing and filing the City of Vernon's
claims for reimbursement of state mandated costs from the state of
9
10
California; and
11
WHEREAS, David M. Griffith and Associates, Ltd. has
12
13
prepared, processed and filed such state mandated cost claims on
behalf of the City of Vernon for several years in an effective
14
manner; and
15
WHEREAS, David M. Griffith and Associates, Ltd. has
16
submitted the "Agreement to Provide Mandated Cost Claiming Services"
17
for the fiscal year 1991-1992 actual costs and the fiscal year
18
1992-1993 estimated costs; and
19
WHEREAS, the fees for such services have been reduced from
20
21
22
and
the
City
fiscal
$5,550.00
this
$5,000.00
to
for
year,
Administrator recommends approval of the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
23
CITY OF VERNON AS FOLLOWS:
24
25
26
27
28
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement to Provide Mandated Cost Claiming Services
1 for fiscal year 1992-1993, a copy of which has been presented to the
2 City Council concurrently with this resolution, and the City Council
3 hereby orders said Agreement to be received and filed by the City
4 Clerk.
5
SECTION 3: The City Council of the City of Vernon hereby
6 authorizes the Mayor and the City Clerk to execute said Agreement
7 for, and on behalf of, the City of Vernon.
8
SECTION 4:
The City Clerk of the City of Vernon shall
9 certify to the passage of this resolution, and thereupon and
10 thereafter the same shall be in full force and effect.
11
12
13
14 ATT;t
15 BROCE V.
16
17
18
19
20
21
22
23
24
25
26
27
28
APPROVED AND ADOPTED this 20th day of October, 1992.
~~~~~~~,n~~
~~~ONIS c. MALaRG, Mayo-
MALKENHORST, City Clerk
-2-
J
< .
,<
1 STATE OF CALIFORNIA )
)ss
2 COUNTY OF LOS ANGELES )
3
I, BRUCE V. MALKENHORST, city Clerk of the city of Vernon,
4 do hereby certify that the foregoing Resolution, being Resolution No.
5 6175, was duly adopted by the City Council of the city of Vernon at
6 an adjourned regular meeting of the City council duly held on
7 Tuesday, October 20, 1992, and thereafter was duly signed by the
8 Mayor of the City of Vernon.
9
10
11 (SEAL)
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
#-
BRUCE V. MALKENHORST,
Clerk
-3-
/lF3 ~/7.F
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 Consuitant shall 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 for fiscal year 1991-92 actual costs and, where
applicable, 1992-93 estimated costs.
(1) Open Meetings Act requirement as specified in Chapter 641, Statutes of
1986.
(2) Police Department Domestic Violence Calls as specified in Chapter 1609,
Statutes of 1984.
(3) Police Department CPR Pocket Masks as specified in Chapter 1334,
Statutes of 1987.
(4) Business License Tax Reporting Requirements as specified in Chapter
1490, Statutes of 1984.
(5) Structural and Wildland Firefighters Safety Clothing and Equipment
specified in Title 8, California Administrative Code.
(6) Firefighters' Personal Alarm Devices as specified in Title 8, California
Administrative Code.
(7) Regional Housing Need Determinations as specified in Chapter 1143,
Statutes of 1980.
(8) Absentee Ballots as specified in Chapter 77, Statutes of 1978.
(9) Mandate Reimbursement Process as authorized by Chapter 486, Statutes
of 1975 and Chapter 1489, Statutes of 1984.
(10) 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, 1992.
B. Scope of Services -- Assembly Bill 2360 Claims
The Consultant shall prepare, submit and file on the City's behalf all applicable
new or first time state mandated cost claims pursuant to the Controller's claiming
instructions which are scheduled for release in the fall of 1992 and include
provisions for the reimbursement of mandates authorized in Assembly Bill 2360,
of the 1992 California Legislative Session.
2. Consultant Claim Filin~ Requirements
A. Best Effort To File Claims
The Consultant shall make its efforts to file claims pursuant to the Scope of
Service 1.A and I.B. 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 1.A or Scope of Services 1.B). In so striking 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 Method of Payment
Compensation and method of payment shall be as follows for services selected pursuant
to Scope of Services 1.A.
A. Scoj>e 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, 1992, a fixed fee of three thousand nine hundred fifty dollars
($3,950). The fixed fee shall be due upon receipt of Consultant's invoice
following submission of such claims.
B. Scope of Services I.B - Other Fee Arrangements
Unless the amount of state payments to the City for the claims filed under Scope
of Services 1.B is less than $2,000, the City shall pay the Consultant a fee equal
to thirty percent (30% of all claims filed and paid to a maximum of three
thousand five hundred dollars ($3,500). In the event the amount claimed is less
than $2,000, the City shall pay the Consultant a fixed fee of five hundred dollars
($500).
C. Scope of Services I.B - Fee Payment
Payment for contingent claiming shall be made from monies actually received
from the State resulting from the Consultant's effort. Monies received shall be
defined as actual payments resulting from the Consultant's actual cost claims as
allowed for in the State Controller's claiming instructions. For Scope of Services
I.B., the fee which in no case shall exceed the maximum amount of three
thousand five hundred dollars, is due within four weeks of City receipt of
reimbursement from the State. If the amount of Consultant filed claims is less
than the two thousand dollars ($2,000) the City should pay the Consultant a fixed
fee of five hundred dollars ($500). This fixed fee shall be due upon submission
of the claims to the State Controller. The Consultants fixed fee may be included
in the City's next State mandate cost reimbursement claim for potential payment
by 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 filec1aims in a timely manner pursuant to Scope of Services 1.A, and 1.B. 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
prior to November 1, 1992 must be received by the Consultant by November 15, 1992
to be deemed to have been received in a timely manner.
6. Not Oblia=ated to Third Parties
The City shall not be obligated or liable hereunder to any party other than the
Consultant.
7. 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. 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 workpapers 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 at 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 Aa=reement
The Consultant shall commence upon notification by the City and shall complete all work
required by this agreement no later than August 31, 1993.
11. Time for Performance
The Consultant shall file all claims in accordance with the State Controller's claim filing
deadlines that are contained in the appropriate Controller Claiming Instructions.
.. \,~
12. Independent Contractor
The Consultant is a national consulting firm and is an independent contractor. The work
will be performed by consultant in the firms Western Region offices.
13. Prohibition Aa:ainst Ass~nments
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: Nonnan J. Michiels
Director of
Title: Environmental Health
Telephone: 213 583-8811
Fax: 213 581-7924
Address: 4305 Santa Fe Avenue, Vernon, CA 90058
15. Contract Validity Date
To be valid, this contract must be signed by the City by October 31, 1992. If signed
after that date, the Consultant cannot guarantee acceptance of the Agreement unless
otherwise agreed upon.
OFFER IS MADE BY CONSULTANT
OFFER IS ACCEPTED BY CITY
Date: October 12, 1992
By: ~C'71 ,".~C<7'-;/--;t:c-:z.L tt.(_''-~ ~.
~ I1eonis C. Malburg, (Mayor '
David M. Griffith & Associates, Ltd.
Date:
/0 -cPt? - ?cZ
ATIESr, ~ /;;V~~
Bruce V. 'M.alkenhorst
City Clerk
< - .--;::; ~-~
'B~' ..~~ c-.;;~
APPROVED AS TO FORM:
~~~~
Davi . B. Breariey, -City Attorne)\ ..