Resolution No. 6500
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RESOLUTION NO. 6500
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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 1994-1995
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WHEREAS, the City Council by Resolution No. 6327 approved
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an Agreement to Provide Mandated Cost Claiming Service for the 1993-
1994 fiscal year with David M. Griffith and Associates, Ltd. which
provided for preparing, processing and filing the City of Vernon's
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
behalf of the City of Vernon for several years in an effective
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manner; and
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WHEREAS, said contract has been extended annually since
October 20, 1992; and
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WHEREAS, 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 1993-1994 actual costs and the fiscal year 1994-
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1995 estimated costs; and
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WHEREAS, the fixed fees for such services have been set at
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$2,500.00
City Administrator
this
fiscal
for
and
the
year,
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recommends approval of the Agreement.
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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 hereby
finds and determines that the recitals contained hereinabove are
true and correct.
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SECTION 2: The City Council of the city of Vernon hereby
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approves the
Agreement to Provide Mandated Cost Claiming Services
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for fiscal year 1994-1995, a copy of which has been presented to the
City Council 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
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authorizes the Mayor and the City Clerk to execute said Agreement
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for, and on behalf of, the City of Vernon.
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SECTION 4:
The City Clerk of the City of Vernon shall
certify to the passage of this resolution,
and thereupon and
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thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 16th day of August, 1994.
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ATTE~ /... ~., ,. .- -'LEONIS C. Miu.. - G, May"r
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
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do hereby certify that the foregoing Resolution, being Resolution
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No. 6500, was duly adopted by the City Council of the City of Vernon
at a regular meeting of the City Council duly held on Tuesday,
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August 16, 1994, and thereafter was duly signed by the Mayor of the
City of Vernon.
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BRUCE V.
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( SEAL)
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Agreement to Provide
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Mandated Cost Claiming Service
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.
A. Annual State Mandated C9St Claims
The Consultant shall prepare, submit and file on the City's behalf the following state mandated
cost claims, where applicable, for fiscal years 1993~94 actual costs and, 1994-95 estimated costs.
(1) Open Meetings Act requirement as specified in Chapter 641, Statutes of 1986.
For fiscal year 1993-94 actual costs and 1994~95 estimated costs.
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(2) Business License Tax Reporting Requirements as specified in Chapter 1490,
Statutes of 1984. For fiscal year 1993-94 actual costs and 1994-95 estimated costs.
(3) Firefighters' Cancer Presumption as specified in Chapter 1568, Statutes of 1982.
For fiscal year 1993-94 actual costs and 1994-95 estimated costs.
(4) Absentee Ballots as specified in Chapter 77, Statutes of 1978. For 1993-94 actual costs
and 1994-95 estimated costs.
(5) Mandate Reimbursement Process as authorized by Chapter 486, Statutes of 1975 and
Chapter 1489, Statutes of 1984. For 1993-94 actual costs and 1994-95 estimated costs.
(6) Peace Officer Cancer Presumption as specified in Chapter 1171, Statutes of 1989,
For 1990-91, 1991-92, 1992~93, and 1993-94 actual costs; and 1994-95 estimated costs,
(7) Peace Officer: AIDS Testing as specified in Chapters 1579, Statutes of 1988 and Chapter
768, Statutes of 1991. For 1988-89, 1989-90, 1990-91, 1991-92, 1992-93 actual costs;
and for 1993-94 estimated costs.
(8) 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,
1994 or 120 days after the date the specific State Controller Claiming Instructions are issued.
The claims that are due after November 30, 1994 are the two peace officers claims listed as
items (6) and (7) above.
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2. Consultant Claim Filin~Requirements
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A. 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 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 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
Fo~ all of the service provided in Scope of Services, the City Agrees to pay the
Consultant a fixed fee of two thousand five hundred dollars ($2,500).
B. Method of Payment
The City agrees to pay the Consultant within thirty days after submission of the claims
to the State Controller due November 30, 1994.
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, 1994 must be received by the Consultant
by November 10, 1994 to be deemed to have been received in a timely manner. '
5. Not Obli~ated to Third Parties
The City shall not be obligated or liable hereunder to any party other than the Consultant.
6. Consultant Liability 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,
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
ContJ;pller or calculati.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.
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. Chanees
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.
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 consultants in the firm's Western Region offices.
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13. Prohibition ~ainst 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. Chanees
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 ~reement
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 the
effective data thereof, at least five (5) days before the effective date of such termination.
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16. City Contact Person
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The City designates the following individual as contact person for this contract: '
Nrone: Lewis J. Pozzebon
Title: Dir. Env. Health
Address: 4305 Santa Fe AVe.
Vernon, CA 90058
OFFER IS MADE BY CONSULTANT
Date:
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David M, Griffith & Associates, Ltd.
By:
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J. Bradley Wilkes
Vice President
Telephone: (213) 583-8811
Fax:
(213) 583-4451
OFFER IS ACCEPTED BY CITY
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By: . .
~ City Offici e 18 c.
, l1ayor
Halburg
DMe: ~.r~99~ _
ATTEST: ~ ~---
Bruce V. Ma~ orst, City c~erk
Approved as to Form:
t>cvJ t3> I ~ An... 0 I\- Project #
David B. Brea;~
City Attorney