HomeMy WebLinkAboutCC Resolution 9693 (Claims Processing)RESOLUTION NO. 9693
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
Mandated Costs (July 1, 1996 throuah June 30, 1997)
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
Reaular
meeting of
the City
Council of said City held on
Mondav
the 16th
day of
September 1 1996 , by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Miller, Phillips & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
)-� A
JEAWNE M. LEONCINI, City Clerk
AGREEMENT
With
David M. Griffith & Associates, Ltd. for
Processing Mandated Costs
This Agreement is made and entered into this 16th day of
RFPTFMRFR . 1996_, by and between the CITY OF SAN RAFAEL
(hereinafter "CITY"), and David M. Griffith & Associates. Ltd.
hereinafter "CONTRACTOR").
RECITALS
WHEREAS, CONTRACTOR has the experience and knowledge to
process municipal claims to the State for mandated cost
reimbursement; and,
WHEREAS, the City desires to retain the services of
CONTRACTOR to process City's claims to the State for mandated cost
reimbursement;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY. The City Manager shall be the representative
of the CITY for all purposes under this Agreement. The Director of
Administration Services is hereby designated the PROJECT MANAGER
for the CITY, and said PROJECT MANAGER shall supervise all aspects
of the progress and execution of this Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single
PROJECT DIRECTOR to have overall responsibility for the progress
and execution of this Agreement for CONTRACTOR. Allan P. Burdick
is hereby designated as the PROJECT DIRECTOR for CONTRACTOR.
Should circumstances or conditions subsequent to the execution of
this Agreement require a substitute PROJECT DIRECTOR for any
reason, the CONTRACTOR shall notify the CITY within ten (10)
business days of the substitution.
2. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide
services as described in Exhibit " A " attached and incorporated
herein."
3. DUTIES OF CITY.
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WII,
CITY shall perform the duties as described in Exhibit
" A " attached and incorporated herein.
4. COMPENSATION.
For the full performance of the services described herein
by CONTRACTOR, CITY shall pay CONTRACTOR as described in Exhibit
If A " attached and incorporated herein.
Payment will be made upon receipt by PROJECT MANAGER of
itemized invoices submitted by CONTRACTOR following submission of
claims to the State Controller as described in Exhibit "A".
5. TERM OF AGREEMENT.
The term of this Agreement shall be from the date of
execution of this Agreement until the CONTRACTOR has completed the
services described herein.
6. TERMINATION.
A. Discretionary. Either party may terminate this
Agreement without cause upon thirty (30) days written notice mailed
or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement
for cause upon ten (10) days written notice mailed or personally
delivered to the other party, and the notified party's failure to
cure or correct the cause of the termination notice, to the
reasonable satisfaction of the party giving such notice, within
thirty (30) days of the receipt of said notice.
C. Effect of Termination. Upon receipt of notice of
termination, neither party shall incur additional obligations under
any provision of this Agreement without the prior written consent
of the other.
D. Return of Documents. Upon termination, any and all
CITY documents or materials provided to CONTRACTOR and any and all
of CONTRACTOR's documents and materials prepared for or relating to
the performance of its duties under this Agreement, shall be
delivered to CITY as soon as possible, but not later than thirty
(30) days after termination.
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the
CONTRACTOR in connection with the performance of its duties under
this Agreement, shall be the sole property of CITY. CITY may use
said property for any purpose, including projects not contemplated
by this Agreement.
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8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available
to CITY, or its agent, for inspection and audit, all documents and
materials maintained by CONTRACTOR in connection with its perfor-
mance of its duties under this Agreement. CONTRACTOR shall fully
cooperate with CITY or its agent in any such audit or inspection.
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer
any interest in this Agreement nor the performance of any of their
respective obligations hereunder, without the prior written consent
of the other party, and any attempt to so assign this Agreement or
any rights, duties or obligations arising hereunder shall be void
and of no effect.
10. INSURANCE.
A. During the term of this Agreement, CONTRACTOR shall
maintain, at no expense to CITY, the following insurance policies:
1. A comprehensive general liability insurance
policy in the minimum amount of one million ($1,000,000) dollars
per occurrence for death, bodily injury, personal injury, or
property damage;
2. An automobile liability (owned, non -owned, and
hired vehicles) insurance policy in the minimum amount of one
million ($1,000,000) dollars per occurrence;
3. If any licensed professional performs any of
the services required to be performed under this Agreement, a
professional liability insurance policy in the minimum amount of
one million $1,000,000) dollars to cover any claims arising out of
the CONTRACTOR's performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR by
section 11. A., shall also meet the following requirements:
1. The insurance shall be primary with respect to
any insurance or coverage maintained by CITY and shall not call
upon CITY's insurance or coverage for any contribution;
2. Except for professional liability insurance,
the insurance policies shall be endorsed for contractual liability
and personal injury;
3. Except for professional liability insurance,
the insurance policies shall be specifically endorsed to include
the CITY, its officers, agents, and employees as additionally named
insureds under the policies;
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4. CONTRACTOR shall provide to PROJECT MANAGER,
(a) Certificates of Insurance evidencing the insurance coverage
required herein, and (b) specific endorsements naming CITY, its
officers, agents and employees, as additional insureds under the
policies;
5. The insurance policies shall provide that the
insurance carrier shall not cancel, terminate or otherwise modify
the terms and conditions of said insurance policies except upon
thirty (30) days written notice to CITY's PROJECT MANAGER;
6. If the insurance is written on a Claims Made
Form, then, following termination of this Agreement, said insurance
coverage shall survive for a period of not less than five years;
7. The insurance policies shall provide for a
retroactive date of placement coinciding with the effective date of
this Agreement;
8. The insurance shall be approved as to form and
sufficiency by PROJECT MANAGER and the City Attorney.
C. If it employs any person, CONTRACTOR shall maintain
worker's compensation and employer's liability insurance, as
required by the State Labor Code and other applicable laws and
regulations, and as necessary to protect both CONTRACTOR and CITY
against all liability for injuries to CONTRACTOR's officers and
employees.
D. Any deductibles or self-insured retentions in
CONTRACTOR's insurance policies must be declared to and approved by
the PROJECT MANAGER and the City Attorney. At CITY's option, the
deductibles or self-insured retentions with respect to CITY shall
be reduced or eliminated to CITY's satisfaction, or CONTRACTOR
shall procure a bond guaranteeing payment of losses and related
investigations, claims administration, attorney's fees and defense
expenses.
11. INDEMNIFICATION.
CONTRACTOR shall indemnify, release, defend and hold
harmless CITY, its officers, and employees, against any claim,
demand, suit, judgement, loss, liability or expense of any kind,
including attorney's fees, arising out of or resulting in any way,
in whole or in part, from any acts or omissions, intentional or
negligent, of CONTRACTOR or CONTRACTOR's officers, agents and
employees in the performance of their duties and obligations under
this Agreement.
12. NONDISCRIMINATION.
CONTRACTOR shall not discriminate, in any way, against
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any person on the basis of age, sex, race, color, religion,
ancestry, national origin or disability in connection with or
related to the performance of its duties and obligations under this
Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable
federal, state and local laws, ordinances, codes and regulations,
in the performance of its duties and obligations under this
Agreement. CONTRACTOR shall perform all services under this
Agreement in accordance with these laws, ordinances, codes and
regulations. CONTRACTOR shall release, defend, indemnify and hold
harmless CITY, its officers, agents and employees from any and all
damages, liabilities, penalties, fines and all other consequences
from any noncompliance or violation of any laws, ordinances, codes
or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of
this Agreement, to create in any third party, any benefit or right
owed by one party, under the terms and conditions of this Agree-
ment, to the other party.
15. NOTICES.
All notices and other communications required or
permitted to be given under this Agreement, including any notice of
change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service,
postage prepaid, addressed to the parties intended to be notified.
Notice shall be deemed given as of the date of personal delivery,
or if mailed, upon the date of deposit with the United States
Postal Service. Notice shall be given as follows:
TO CITY: Susan B. Merrill
Director of Administrative Services
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael CA 944915-1560
TO CONTRACTOR: Allan P. Burdick
Vice President
David M. Griffith & Associates
4320 Auburn Boulevard Suite 2000
Sacramento CA 95841
16. INDEPENDENT CONTRACTOR.
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For the purposes, and for the duration, of this Agree-
ment, CONTRACTOR, its officers, agents and employees shall act in
the capacity of an Independent Contractor, and not as employees of
the CITY. CONTRACTOR and CITY expressly intend and agree that the
status of CONTRACTOR, its officers, agents and employees be that of
an Independent Contractor and not that of an employee of CITY.
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all
exhibits attached, and all documents expressly incorporated by
reference, represent the entire Agreement of the parties with
respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all
prior agreements, oral or written, regarding the subject matter
between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or
oral, relating to the subject matter of this Agreement, shall be
valid or binding, except by way of a written amendment to this
Agreement.
D. The terms and conditions of this Agreement shall not
be altered or modified except by a written amendment to this
Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and
conditions of this Agreement, and the terms and conditions of the
attached exhibits or the documents expressly incorporated by
reference, the terms and conditions of this Agreement shall
control.
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment
due to CONTRACTOR under this Agreement, any monies which CONTRACTOR
owes CITY under any ordinance, agreement, contract or resolution
for any unpaid taxes, fees, licenses, assessments, unpaid checks or
other amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of
any term, covenant or condition of this Agreement, or of any
ordinance law or regulation, shall not be deemed to be a waiver of
any other term, covenant, condition, ordinance, law or regulation,
or of any subsequent breach or violation of the same or other term,
covenant, condition, ordinance, law or regulation. The subsequent
acceptance by either party of any fee, performance, or other
consideration which may become due or owing under this Agreement,
shall not be deemed to be a waiver of any preceding breach or
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violation by the other party of any term, condition, covenant of
this Agreement or any applicable law, ordinance or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the
terms and conditions of this Agreement, or arising out of the
performance of this Agreement, may recover its reasonable costs
(including claims administration) and attorney's fees expended in
connection with such action.
21. APPLICABLE LAW.
The laws of the State of California shall govern this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day, month and year first above written.
CITY OF SAN RAFAEL
Mayo �,lb.er 'J. Boro
ATTEST:
City Clerk Jeanne M. Leoncini
CONTRACTOR
DAVID M. GRIFFITH & ASSOCIATES, LTD.
BY—
Name:
3 Name:
Title: V1 � -. Je-A�L
APPRO RM:
,/gym •%<�.i.� j'
City At rney G ry T. Ragghianti,
I►
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Exhibit "A"
Agreement to Provide Contract Number:
F96-143
Mandated Cost Claiming Services
The City of San Rafael (hereinafter "City") and David M. Griffith & Associates, Ltd. (Hereinafter
"Consultant") jointly agree as follows:
1. Scone 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 mandate cost
reimbursement claims for the 1995-96 fiscal year and estimated claim(s) for the 1996-97
fiscal year. The following is a list of eligible claims:
(1) Open Meetings Act as specified in Chapter 641, Statutes of 1986.
(2) Business License Tax Reporting 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) Stolen Vehicle Notification as specified in Chapter 337, Statues of 1990.
(8) Rape Victim Counseling Center Notices as specified in Chapter 999, Statues of
1991.
(9) Law Enforcement Inmate AIDS Testing as specified in Chapter 1579, Statues of
1988 and Chapter 768, Statutes of 1991.
(10) Misdemeanors: Booking and Fingerprinting as specified in Chapter 1105,
Statutes of 1992.
(11) Other claims: The Consultant may also file additional claims if any such eligible
claims remain.
The fiscal year 1995-96 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
November 30, 1996.
B. All Other Claims for Which Claiming Instructions Are Issued in FY 1996-97
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 applicable actual and estimated
State mandated cost reimbursement claims for which State Controller Claiming
Instructions are issued in the 1996-97 fiscal year. These claims include the following:
(1) 1996 Annual Claims Bill claims - These include all applicable eligible claim(s)
authorized or funded by SB 91 (Thompson) of the 1996 California Legislative
Session and/or any other 1996 California legislation containing an appropriation
for state mandated cost reimbursement claims.
(2) Other New State Mandated Cost Reimbursement Claims - With the exception of
the claims contained in Scope of Services I.A. and 1.B.(1) above, these claims
include all eligible actual and estimated reimbursement claims authorized for
filing pursuant to State Controller Claiming Instructions which are issued during
the 1996-97 fiscal year.
2. Consultant Claim Filine 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. Costs and Method of Compensation
A. Scope of Services 1.A. - Annual State Mandated Cost Reimbursement Claims
For all of the above services provided 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 three thousand dollars ($ 3,000). The fixed fee shall be
due upon receipt of Consultant's invoice following submission of such claims.
B. Scope of Services 1.11. - Annual Claims Bill Claims and All Other New
Claims for Which Claiming Instructions are Issued in FY 1996-97
At its discretion, the City shall at the time of contract execution, select either of
the two methods of compensation described below. Selection of the preferred fee
and payment arrangement shall be made by checking the appropriate box adjacent
to the preferred option.
❑ OPTION]: Fixed Fee Arrangement
For all the above services provided pursuant to Scope of Services 1.B.(1) and (2),
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
claim(s).
NOPTION 2: Contingent Fee Arrangement
For all of the above services provided pursuant to Scope of Services 1.B.(1) and
(2), the City agrees to pay the Consultant a fee equal to thirty percent (30%) of all
claim(s) filed and paid by the State to a maximum of three thousand dollars ($
3,000). If the amount of Consultant filed claims is less than one thousand six
hundred and sixty-seven dollars ($1,667), the City shall pay the consultant a fixed
fee of five hundred dollars ($500). Payment for contingent claiming shall be made
from monies actually received from the State resulting from the Consultant's
efforts. Monies received shall be defined as actual payments resulting from the
Consultant's filing of actual and estimated state mandated cost reimbursement
claim(s) listed in Scope of Services 1.B.(1) and (2). The fee, which in no case
shall exceed the maximum amount, is due within thirty days of City receipt of
reimbursement from the State.
4. Services and Materials to be Furnished by the Citv
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 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 Oblizated to Third Parties
The City shall not be obligated or liable hereunder to any party other than the Consultant.
6. Consultant Liabilitv 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 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 of less
than twenty percent (20%) or seven hundred fifty dollars ($750) shall not be contested by
the Consultant.
9. Insurance
Consultant shall acquire and maintain appropriate general liability insurance, workers'
compensation insurance, automobile insurance, and professional liability insurance.
10. Chances
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 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. Citv Contact Person
The City designates the following individual as contact person for this contract:
Name: Susan B. Merrill Telephone: 415/485-3060
Title: Finance Director Fax: 415/459-2242
Address: 1400 5th Ave or P.O. Box 151560
San Rafael CA 94901 San Rafael CA 94915-1560
13. Contract Validitv Date
To be valid this contract must be signed by the City by September 20, 1996. If signed
after that date the Consultant cannot guarantee acceptance of the Agreement unless
otherwise agreed upon.
OFFER IS MADE BY CONSULTANT
Date: August 9, 1996
David M. Griffith & Associates, Ltd.
NIP
Allan P. Burdick
Vice President
OFFER IS ACCEPTED BY CITY
Lo
City Official
Date: September 16, 19 q.6