Resolution No. 7369I RESOLUTION NO, 7369
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN
AGREEMENT TO PROVIDE MANDATED COST CLAIMING SERVICES
4 BY AND BETWEEN THE CITY OF VERNON AND DMG-MAXIMUS
(FORMERLY DAVID M. GRIFFITH & ASSOCIATES, LTD.) FOR
5 FISCAL YEAR 1999-2000
6
7 WHEREAS, the City Council by Resolution No. 7224 on
8 October 6, 1998, approved an Agreement to Provide Mandated Cost
9 Claiming Services for the 1998-1999 fiscal year with David M. Griffith
10 & Associates, Ltd. which provided for preparing, processing and filing
11 the City of Vernon's claims for reimbursement of state mandated costs
12 from the State of California; and
13 WHEREAS, David M. Griffith & Associates, Ltd. has prepared,
14 processed and filed such state mandated cost claims on behalf of the
15 City of Vernon for several years in an effective manner; and
16 WHEREAS, said contract has been extended annually since
17 October 20, 1992; and
18 WHEREAS, in 1998, David M. Griffith & Associates, Ltd. merged
19 with MAXIMUS, another national public sector consulting firm, and is
20 now known as DMG-MAXIMUS; and
21 WHEREAS, DMG-MAXIMUS has submitted the "Agreement to Provide
22 Mandated Cost Claiming Services" for the fiscal year 1998-1999 actual
23 costs and the fiscal year 1999-2000 estimated costs; and
24 WHEREAS, the fixed fee for Annual State Mandated Cost
25 Reimbursement Claims has been set at Three Thousand Five Hundred Fifty
26 Dollars ($3,550) for this fiscal year, and the fee for other claims
27 funded by the 1999 legislative session will be thirty percent (300) of
28 such reimbursements up to a maximum fee of Three Thousand Three
I Hundred Dollars ($3,300), with a minimum fee of Five Hundred Dollars
2 ($500) .
3 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
4 CITY OF VERNON AS FOLLOWS:
5 SECTION 1: The City Council of the City of Vernon hereby
6 finds and determines that the recitals contained hereinabove are true
7 and correct.
8 SECTION 2: The City Council of the City of Vernon hereby
9 approves the Agreement to Provide Mandated Cost Claiming Services for
10 fiscal year 1999-2000, an original of which has been presented to the
11 City Council concurrently with this resolution, and the City Council
12 hereby orders said Agreement to be received and filed by the City
13 Clerk.
14 SECTION 3: The City Council of the City of Vernon hereby
15 authorizes the Mayor, and the City Clerk to execute said Agreement for,
16 and on behalf of, the City of Vernon.
17 SECTION 4: The City Clerk of the City of Vernon shall
18 certify to the passage of this resolution, and thereupon and
19 thereafter the same shall be in full force and effect.
20 APPROVED AND ADOPTED this 13th day of July, 1999.
21�'
v LEONIS C. LBURG, Mayor
22 ATTES
23
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
) ss
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.
7369, was duly adopted by the City Council of the City of Vernon at an
adjourned regular meeting of the City Council duly held on Tuesday,
July 13, 1999, and thereafter was duly signed by the Mayor of the City
of Vernon.
BRUCE V. MALKENHORST, City Clerk
(SEAL)
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SUPPORTING
DOCUMENTS
11
OFFICE OF THE CITY ADMINISTRATOR/
CITY CLERK
INTER -OFFICE MEMORANDUM
DATE: August 3, 1999
TO: Lewis Pozzebon, Director of Environmental Health
FROM: Gloria J. Or 14Chief Deputy City Clerk
RE: DMG-Maximus - Agreement to Provide Mandated Cost
Claiming Services
Enclosed for your files is a copy of the above referenced
agreement which was approved by City Council on July 13, 1999
through R �e<(copy enclosed).
According to No. 9 of said agreement, consultant is to furnish a
Certificate of Insurance to the City prior to commencement of
work. Upon receipt of said certificate, this office will forward
a duplicate original agreement to DMG-Maximus.
Thank you.
cc: Joan Francone - Risk Manager/Personnel Assistant
Contract Number: 99F-174
Agreement to Provide
Mandated Cost Claiming Services
THIS AGREEMENT, entered into this e/ 57— day of —�-
effective1999 and
immediate) b and between DMG-MAXIMUS (hereinaand the City
Y Y
of Vernon (hereinafter "City"),
WHEREAS, Article XIIIB of the California State Constitution provides that cities may recover
costs associated with carrying out programs mandated by the State of California,
WHEREAS, the City desires to obtain maximum reimbursement for costs incurred in carrying
out State mandated programs, and has determined that engaging the Consultant to assist in the
mandated cost claim preparation process is the most economical and cost effective means for
preparing the City's state mandated cost claims; and
WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced in
determining the costs of governmental programs and in the submission of cost claims to the State
of California, and
WHEREAS, the Consultant, by letter dated June 1, 1999, submitted a proposal to City for
Renewal of State Mandated Cost Claiming Services that outlines the scope of the work
Consultant is prepared to perform and lists the Annual State Mandated Cost Reimbursement
Claims included in the State Controller's Claiming Instructions; and
WHEREAS, the City desires to engage the Consultant to assist in developing, submitting, and
negotiating cost claims pertaining to state mandated programs.
NOW, THEREFORE, the parties hereto mutually 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 Claims
The Consultant shall prepare and file applicable actual annual state mandated cost
reimbursement claims for the 1998-1999 fiscal year and estimated claim(s) for the 1999-
2000 fiscal year. The fiscal year 1998-1999 actual claims to be filed are claims that are
included in the State Controller's Claiming Instructions that provide for timely -filed
claims to be submitted by January 15, 2000, including without limitation, those claims
listed under the heading "Annual Claims" in the Consultant's proposal dated June 1,
1999.
City of Vernon - 1 - June 1, 1999
Contract Number : 99F-174
B. All Other Claims for Which Claiming Instructions Are Issued in FY 1999-
2000
With the exception of the claims in Scope of Services I.A. above, the Consultant shall
prepare, submit and file on the City's behalf, all other eligible actual and estimated state
mandated cost reimbursement claims for which State Controller Claiming Instructions are
issued in the 1999-2000 fiscal year.
2. Consultant Claim Filing Requirements
The Consultant shall file these claims to the extent that appropriate documentation is
available and verifiable and that claim amounts exceed $200 per claim.
3. Costs and Method of Compensation
A. Scope of Services LA. - Annual State Mandated Cost Reimbursement Claims
For the services provided pursuant to Scope of Services l.A., the City agrees to
pay the Consultant upon submission of the claims to the State Controller, a fixed
fee of three thousand five hundred fifty dollars ($ 3,550). The fixed fee shall be
due upon receipt of Consultant's invoice following submission of such claim(s).
B. Scope of Services 1.13. - All Other New Claims for Which Claiming
Instructions are Issued in FY 1999-2000
For the services provided pursuant to Scope of Services 1.13, the City agrees to
pay the Consultant a contingent fee of 30% of the amount claimed and paid, to a
maximum of three thousand three hundred dollars ($ 3,300). Payment shall be
made from monies actually received from the State resulting from the Consultant's
efforts. Monies received shall be defined as payments resulting from the
Consultant's filing of cost claims listed in Scope of Services I.B.
In the event that the total amount of claims paid by the State is less than one
thousand six hundred sixty-seven dollars ($1,667), the City shall pay the
Consultant a fixed fee of five hundred dollars ($500).
The fee, which in no case shall exceed the maximum amount, is due within four
weeks of City receipt of reimbursement from the State.
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.
City of Vernon
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June 1, 1999
Contract Number: 99F-174
For purposes of this Agreement, data that is requested by the Consultant must be
provided within three weeks of the request, or three weeks prior to the filing deadline,
whichever would come first, to be deemed to have been received in a timely manner. It is
the responsibility of the City to provide the Consultant with payment information upon
receipt of disbursements from the State for any and all claims filed pursuant to this
agreement.
5. Not Obligated to Third Parties
The City shall not be obligated or liable hereunder to any parry 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.
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 departmental indirect cost rate proposals for the City.
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 at the desk audit level 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. Nothing in this section or any part of this Agreement
shall be construed to include Incorrect Reduction Claims preparation.
9. Insurance
Consultant shall acquire and maintain appropriate general liability insurance, workers'
compensation insurance, automobile insurance, and professional liability insurance. Such
insurance shall (a) name City, its appointed and elected officials, and its employees as
insured; and (b) be primary with respect to insurance or self-insurance programs
maintained by City. Consultant shall furnish a properly executed Certificate of Insurance
to City prior to commencement of work under this Agreement which shall clearly
evidence coverages afforded and provide that such insurance shall not be materially
changed, terminated, or allowed to expire except on thirty -days' prior written notice to
City. Consultant shall maintain such insurance from the time work first commences until
City of Vernon
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June 1, 1999
Contract Number : 99F-174
completion of the work under this Agreement, and shall replace such certificates for
policies expiring prior to completion of work under this Agreement.
10. Changes
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 Agreement
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 date thereof, at least five (5) days before the effective date of such
termination.
12. City Contact Person
The City designates the following individual as contact person for this contract:
Name: Lewis Pozzebon Telephone: 323/583-8811
Title: Director/Health Officer Fax: 3 2 3 / 5 8 8 - 4 3 2 0
OFFER IS MADE BY CONSULTANT
jr.
='. . _
Date: June 1 1999
CITY OF VERNON
By:
eons C. Malburg, Mayor
ATTEST
By:
Bruce V. Malkenhorst, City Clerk
City of Vernon - 4 - June 1, 1999
Contract Number : 99F-174
By: IL —
Robert E. Tagg O
DMG-M MUS
Date: �_3 9
Approved as to form:
By:
David B. Brearley, Legal Co sel
Date: 2h6 n
City of Vernon - 5 - June 1, 1999