HomeMy WebLinkAboutCC Resolution 9234 (Claims Processing)RESOLUTION NO. 9234
A resolution authorizing the signing of a
contract, lease or agreement
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESOLVES as follows:
The Mayor and City Clerk are authorized to execute, on behalf
of the City of San Rafael, a contract, lease or agreement with
DMG (David M. Griffith & Associates) for processing claims for
State Mandated Costs (July 1. 1994 throuah.June 30. 1995)
a copy of which is hereby attached and by this reference made a
part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly
introduced and adopted at a REGULAR meeting of the City Council
of said City held on MONDAY, the 3RD day of OCTOBER,
19 94 , by the following vote, to wit:
AYES: COUNCILMEMBERS:Cohen, Thayer, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:Heller
JEANE M. LEONC±NI, City Clerk
Agreement to Provide
Mandated Cost Claiming Service
The City of San Rafael (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 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.
(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 estirr:<.ted 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 Novenibcy- 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.
2. Consultant Claim Fling Requirements
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 of Payment
Compensation and method of payment shall be as follows for services provided pursuant to Scope
of Services.
A. Compensation
For all of the service provided in Scope of Services, the City Agrees to pay the
Consultant a fixed fee of Two Thousand One Hundred dollars ($2,100).
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 Obligated 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.
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.
8. Consultant AssistanL.. 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.
10. Changes
The City may, from ;ime to time, require changes in the scope of services of the Consultant to
be performed here• cer. 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. Termination of Agreement
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.
12. Citv Contact Person
The City designates the following individual as contact person for this contract:
Name: RANSOM E. COLEMAN
Title: FINANCE DIRECTOR
1400 Fifth Avenue
Address: P.O. Box 151560
San Raf.-.31 , CA 94915-1560
OFFER IS MADE BY CONSULTANT
Date: % — :7—
David
David M. Griffith & Associates, Ltd.
Telephone: ( 415) 485-3060
Fax: (415) 459-2242
OFFER IS ACCEPTED BY CITY
By;
ity Official -A Pert J.. Boro, Mayor
ATTEST:
Date: 10/3/ 4 anne M. Leonci ni , Ci ty
Clerk
Allan P. Burdick
Vice President eject #