Resolution No. 6327
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RESOLUTION NO. 6327
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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. FOR FISCAL
YEAR 1993-1994
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WHEREAS, the City Council by Resolution No. 6175 approved
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an Agreement to Provide Mandated Cost Claiming Service for the 1992-
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1993 fiscal year with David M. Griffith and Associates, Ltd. which
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provided for preparing, processing and filing the City of Vernon's
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claims for reimbursement of state mandated costs from the State of
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California; and
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WHEREAS, David M. Griffith and Associates, Ltd. has
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prepared, processed and filed such state mandated cost claims on
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behalf of the city of Vernon for several years in an effective
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manner; and
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WHEREA$, David M. Griffith and Associates, Ltd. has
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submitted the "Agreement to Provide Mandated Cost Claiming Services"
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for the fiscal year 1992-1993 actual costs and the fiscal year
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1993-1994 estimated costs; and
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WHEREAS, the fixed fees for such services have been set at
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$4,500.00 for this fiscal year, and the City Administrator
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recommends approval of the Agreement.
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NOW, THEREFORE I BE IT RESOLVED BY THE CITY COUNCIL OF THE
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CITY OF VERNON AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon hereby
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finds and determines that the recitals contained hereinabove are
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true and correct.
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SECTION 2: The City Council of the city of Vernon hereby
approves the Agreement to Provide Mandated Cost Claiming Services
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for fiscal year 1993-1994, a copy of which has been presented to the
city Council concurrently with this resolution, and the city Council
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hereby orders said Agreement to be received and filed by the City
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Clerk.
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.
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SECTION 4:
The City Clerk of the City of Vernon shall
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thereafter the same shall be in full force and effect.
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15 BRUCE V.
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APPROVED AND ADOPTED this 21st day of September, 1993.
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MALKENHORST, city Clerk
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1 STATE OF CALIFORNIA )
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2 COUNTY OF LOS ANGELES }
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3 I, BRUCE V. MALKENHORST, City Clerk of the city of Vernon,
4 do hereby certify that the foregoing Resolution, being Resolution
5 No. 6327, was duly adopted by the City Council of the City of Vernon
6 at an adjourned regular meeting of the city Council duly held on
7 Tuesday, September 21, 1993, and thereafter was duly signed by the
8 Mayor of the City of Vernon.
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11 (SEAL)
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BRUCE V. MALKENHORST, City Clerk
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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 shall prepare claims for reimbursable state mandated costs as provided
herein.
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 1992-93 actual costs and, where applicable, 1993-94
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 Missing Persons Reports as specified in Chapter 1456, Statutes
of 1988.
(4) Police Department Disabled Motorist Assistance as specified in Chapter 1203,
Statutes of 1985.
(5) Police Department Destruction of Marijuana Records as specified in Chapter 952,
Statutes of 1976.
(6) Police Department CPR Pocket Masks as specified in Chapter 1334, Statutes of
1987.
(7) Business License Tax - Reporting Requirements as specified in Chapter 1490,
Statutes of 1984.
(8) Firefighters' Personal Alarm Devices as specified 10 Title 8, California
Administrative Code.
(9) Structural and Wildland Firefighters Safety Clothing and Equipment specified in
Title 8, California Administrative Code.
(10) Firefighter Cancer Presumption as specified in Chapter 1568, Statutes of 1982.
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(11) Regional Housing Need Determinations as specified in Chapter 1143, Statutes of
1980.
(12) Absentee Ballots as specified in Chapter 77, Statutes of 1978.
(13) Mandate Reimbursement Process as authorized by Chapter 486, Statutes of 1975
and Chapter 1489, Statutes of 1984.
(14) 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 are both claims that are included in the
State Controller's claiming instructions that provide for claims to be submitted by either
November 30, 1993 or 120 days after their issuance.
2. Consultant Claim Filine Requirements
A. Best Effort to File Claims
The Consultant shall make its best effort to file claims pursuant to Scope of
Services.
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 that claims will be filed for all of the
applicable mandates listed.
B. Copies of Claims and Work Papers
Copies of all claims filed with the State sh311 be furnished to the City within 30
days after having been filed with the State. The Consultant shall make copies of
all workpapers available to the City upon its request.
3.. Compensation and Method of Payment
Compensation and method of payment shall be as follows for services provided pursuant
to Scope of Services.
A. Compensation
For all the above services provided pursuant to Scope of Services, the City agrees
to pay Consultant a fixed fee of four thousand five hundred dollars ($4,500).
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B. Method of Payment
Payment shall be made in two installments, an initial pay equal to sixty percent
(60%) of the fixed fee and a second installment equal to forty percent (40%) of
the fixed fee. The City agrees to pay the first installment to the Consultant upon
submission of the claims to the State Controller due November 30, 1993 the sum
of $2,700. The City agrees to pay the Consultant the second and final installment
upon submission of the remaining claims to the State Controller due 120 days
from the date the Controller's claiming instructions are mailed the sum of $1,800.
The Consultants fee shall be due upon receipt of the Consultant's invoice
following submission of each set of claims.
4. 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. 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
October 31, 1993 must be received by the Consultant by November 10, 1993 to be
deemed to have been received in a timely manner.
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Not Obli~ated to Third Parties
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The City shall not be obligated or liable hereunder to any party other than the
Consultant.
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Consultant Liability if Audited
The Consultant will assume all financial and statistical information provided to the
Consultant by City employees or representatives is a~urate and complete. Any
subsequent disallowance of funds paid to the City under the claims for whatever reason
is the sole responsibility of the City, excepting disallowance due to the sole negligence
of the Consultant.
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. a departmental indirect cost rate proposal for the City.
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8. 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.
9. Insurance
Consultant shall take out and maintain appropriate general liability insurance, workers'
compensation insurance, automobile insurance, and professional liability insurance. The
Consultant shall provide the City with a certificate of insurance naming the City as an
additional insured certificate holder.
10. Term of Aereement
The Consultant shall commence upon notification by the City and shall complete all work
required by this agreement no later than August' 31, 1994.
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.
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Independent Contractor
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The Consultant is a national consulting firm and is an independent contractor. The work
will be performed by consultants in the firm's Western Region offices.
13. Prohibition Aeainst Assienments
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. Chane~
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 assignment.
15, Termination of Aereement
If, through any cause, the Consultant shall fail to fulfill in 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
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the effective data thereof, at least five (5) days before the effective date of such
termination.
16. City Contact Person
The City designates the following individual as contact person for this contract:
Nwme: Lewis J. Pozzebon
Tclephone: 213 583-8811
Fax: 213 581-7924
Title: Dir. of Env. Health
Address: 4305 Santa Fe Avenue
Vernon, CA 90058
17. Contract Validity Date
To be valid, this contract must he signed by the City by October 15, 1993. 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:
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. By: .
...- . City Official .
Leonis C. Malburg, Mayor
David M. Griffith & Associates, Ltd.
Date:~fl. ~3) /993 ~/
O~~ ATTEST, d--/ ~
<::::::::.....~ - . B::uce V. Malkenhorst
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Allan P. Burdick
Vice President
Approved as to Form:
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David B. Brearley
City Attorney