Resolution No. 6669
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RESOLUTION NO. 6669
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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 1995-1996
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WHEREAS, the City Council by Resolution No. 6500 approved
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an Agreement to Provide Mandated Cost Claiming Service for the 1994-
1995 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
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
l4 prepared, processed and filed such state mandated cost claims on
15 behalf of the City of Vernon for several years in an effective
16 manner; and
17 WHEREAS, said contract has been extended annually since
18 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"
for the fiscal year 1994-1995 actual costs and the fiscal year 1995-
1996 estimated costs; and
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WHEREAS, the fixed fee for Annual State Mandated Cost
Reimbursement Claims has been set at $2,500.00 for this fiscal year,
and the fee for other claims funded by the 1995 legislative session
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will be thirty percent
(30% )
of the first $1,667.00 of such
reimbursements and fifteen percent (15%) of the balance of such
reimbursements up to a maximum fee of $5,000.00.
1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
2 CITY OF VERNON AS FOLLOWS:
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SECTION 1: The city Council of the City of Vernon hereby
4 finds and determines that the recitals contained hereinabove are
5 true and correct.
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SECTION 2: The City Council of the city of Vernon hereby
7 approves the Agreement to Provide Mandated Cost Claiming Services
8 for fiscal year 1995-1996, a copy of which has been presented to the
9 City council concurrently with this resolution, and the City Council
lO hereby orders said Agreement to be received and filed by the City
11 Clerk.
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SECTION 3: The City Council of the city of Vernon hereby
l3 authorizes the Mayor and the City Clerk to execute said Agreement
14 for, and on behalf of, the City of Vernon.
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SECTION 4:
The City Clerk of the city of Vernon shall
16 certify to the passage of this resolution, and thereupon and
17 thereafter the same shall be in full force and effect.
18 APPROVED AND ADOPTED this 15th day of August, 1995.
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ATTEST:
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22 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. 6669, 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 15, 1995, and thereafter was duly signed by the Mayor Pro Tem
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BRUCE V. MALKENHORST, City Clerk
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Agreement to Provide
Contract Number:
F95-174
Mandated Cost Claiming Service
The City of Veroon (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 Cost Reimbursement Oaims
The Consultant shall prepare and file applicable annual state mandate cost reimbursement
claims on the City's behalf. These claims shall include both the City's actual cost claims for
the 1994-95 fiscal year and its estimated cost claims for the 1995-96 fiscal year. The
following is a list of eligible claims:
(1) Open Meetings Act requirement as specified in Chapter 641, Statutes of 1986.
(2) Business License Tax Reporting Requirements as specified in Chapter 1490,
Statutes of 1984.
(3) Absentee Ballots as specified in Chapter 77, Statutes of 1978.
(4) Mandate Reimbursement Process as specified in Chapter 486, Statutes of 1975 and
Chapter 1489, Statutes of 1984.
(5) Firefighter Cancer Presumption as specified in Chapter 1568, Statutes of 1982.
(6) Peace Officer Cancer Presumption as specified in Chapter 1171, Statutes of 1989.
(7) Other claims: The Consultant may also file additional claims if any such eligible
claims remain.
The claims to be filed under Scope of Services I.A are claims that are included in the
State Controllers Claiming Instructions that provide for timely filed claims to be
submitted by November 30, 1995.
B. Assembly Bill 818 of 1995 and Other Oaims Funded in the 1995 Legislative
Session
The Consultant shall prepare, submit and file on the City's behalf, the following State
mandated cost claims where applicable:
(1) Stolen Vehicle Notification as specified in Chapter337, Statutes of 1990. Annual
actual cost claims for fiscal years 1989-90 through 1994-95 and a 1995-96
estimated cost claim.
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(2) Rape Victim Counseling Center Notices as specified in Chapter 999, Statutes of
1991. Annual actual cost claims for fiscal year 1991-92 through 1994-95 and a
1995-96 estimated' cost claim.
(3) Law Enforcement AIDS Testing as specified in Chapter 768, Statutes of 1991.
Annual actual cost claims for fiscal years 1988-89 through 1993-94.
(4) Misdemeanors: Booking and Fingerprinting as specified in Chapter 1105, Statutes,
of 1992. Annual actual cost claims for fiscal years 1993-94 through 1994-95 and a
1995-96 estimated cost claim.
(5) Other Claims. The Consultant may also file any other state mandated cost, other
than,Annual Claims, for which funding is provided during the 1995 calendar year
from either the Commission on State Mandates Claims Fund or from an enactment
of the California Legislature during its 1995 legislative session.
These claims shall be prepared in accordance with the State Controllers Claiming
Instructions issued pursuant to the 1995 Annual Claims Bill (Assembly Bill 818 introduced
by Assembly member John Vasconcellos); or other 1995 legislation providing an
appropriation to reimburse local agencies for the costs of state mandated local programs
that have been previously approved by the Commission on State Mandates.
2. Consultant Claim Filin!! Reauirements
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.
3. Comoensation and Method ofPavment
Compensation and method of payment shall be as follows for services provided pursuant
to Scopeof Services LA and 1.B.
A. Scope of Services l.A. - Annual Cost Oaims - Fixed Fee
For all the above services provide pursuant to Scope of Services 1.A, the City
agrees to pay the Consultant upon submission of the claims to the State Controller,
a fixed fee of two thousand five hundred dollars ($ 2,500). The fixed fee shall be
due upon receipt of Consultant's invoice following submission of such claims.
B. Scope of Services 1.B. - Assembly Bill 818 and Other Claims - Contingent Fee
For all the above services provided pursuant to Scope of Services LB., the City
agrees to pay the Consultant a fee equal to thirty percent (30%) of the first one
thousand six hundred and sixty seven dollars ($1,667) ofall claims filed and paid
and fifteen percent (15%) of any amount claimed and paid thereafter to a
maximum fee offive thousand dollars ($5,000).
4. Services and Materials to be Furnished bv 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
20, 1995 must be received by the Consultant no later than November 10, 1995 to be
deemed to have been received in a timely manner. The City shall provide the Consultant
with payment information upon receipt of disbursements from the State for any and all
claims filed pursuant to Scope of Services 1.B. of this agreement.
5. Not Oblif!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 disallowances 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.
8. Consultant Assistance if Audited
If audited, the Consultant shall make workpapers and other records available to the State
auditors. If requested by the City, 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 ofless
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.
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10. Chan2es
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 agreement.
11. Termination of A2reement
If through any cause, the Consultant shall fail to fulfill in a 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 data of such
termination.
12. City Contact Person
The City designates the following individual as contact person for this contract:
Name: Lewis J. Pozzebon Telephone: 213 583-8811
Title: Director of Envirornnental Fax: 213 583 - 4 4 51
Health
Address: 4305 Santa-fe Avenue, Vernon, CA qOO~R
13. Contract Validitv Date
To be valid this contract must be signed by the City September 30, 1995. If signed after
that date the Consultant cannot guarantee acceptance of the Agreement unless otherwise
agreed upon.
OFFER IS MADE BY CONSULTANT
Date: August 7. 1995
ATTEST: 4
By:
OFFER IS ACCEPTED BY CITY
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City Official
By:
David M. Griffith & Associates, Ltd.
Date:
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By: ' ,
Allan Burdick
Vice President