The URL can be used to link to this page

Home My WebLink AboutCC Resolution 8972 (Mandated Cost Applications)RESOLUTION NO. 8972 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) to process Mandated Cost Applications 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 intro- duced and adopted at a regular meeting of the City Council of said City held on Monday the 21st day of 19 93 , by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None /ti . � �' f� �- �- J AN M. LEON\INI, City Clerk QRlGIi"I'AL <89, AGREEMENT TO PROVIDE 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 file 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 actual cost claims for fiscal year 1991-92. (1) Police Department Domestic Violence Calls as specified in Chapter 1609, Statutes of 1984. (2) Police Department CPR Pocket Masks as specified in Chapter 1334, Statutes of 1987. (3) Business License Tax Reporting Requirements as specified in Chapter 1490, Statutes of 1984. (4) Structural and Wildland Firefighters Safety Clothing and Equipment specified in Title 8, California Administrative Code. (5) Firefighters Personal Alarm Devices as specified in Title 8, California Administrative Code. (6) Regional Housing Need Determinations as specified in Chapter 1143, statutes of 1980. (7) Absentee Ballots as specified in Chapter 77, Statutes of 1978. (8) Mandate Reimbursement Process as authorized by Chapter 486, Statutes of 1975 and Chapter 1489, Statutes of 1984. (9) 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 Service A are claims that are included in the State Controller's claiming instructions that provide for claims to be submitted by November 30, 1992 B. Scope of Services -- Assembly Bill 2360 Claims The Consultant shall prepare, submit and file on the City's behalf, all applicable new or first time state mandated cost claims pursuant to the Controller's claiming instructions which are scheduled for release in June 1993 and include provisions for the reimbursement of mandates authorized in Assembly Bill 236, of the 1992 California Legislative Session. 2. Consultant Claim Filing Reouirements The Consultant shall file these claims to the extent that appropriate documentation is available and verifiable. The City explicitly acknowledges that Consultant does not warrant under Scope of Services A and B that claims will be filed for all of the mandates listed. 3. Fees and Method of Compensation - Annual State Mandated Cost Claims At its discretion, the City shall, at the time of contract execution, select either of the methods of compensation arrangements described below. Selection of the preferred fee and compensation arrangement shall be made by initialing the appropriate box at the end of this subsection. A. Fixed Fee and Method of Compensation -- Annual State Mandated Cost Claims For all of the above services provided pursuant to Scope of Services LA., the City agrees to pay the Consultant upon submission of the claims to the State Controller, a fixed fee of five thousand dollars ($5,000). The fixed fee shall be due upon receipt of Consultant's invoice following submission of such claims. B. Contingent Fee & Method of Compensation -- Annual State Mandated Cost Claims The City shall pay the Consultant a fee equal to thirty percent (30%) of all claims filed and paid to a maximum of seven thousand five hundred dollars ($7,500). 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 cost claims listed in Scope of Services. The fee, which in no case shall exceed the maximum amount, is due within four weeks of City receipt of reimbursement from the State. FEE & PAYMENT' OPTION SELECTED Fixed Fee. Contingent Fee �( 4. Fees and Method of Compensation - Assembly Bill 2360 Claims A. Scope of Services LB - Assembly Bill 2360 Claims Unless the amount of state payments to the City for the claims filed under Scope of Services 1.B is less than $2,000, the City shall pay the Consultant a fee equal to thirty percent (30% of all claims filed and paid to a maximum of three thousand five hundred dollars ($3,500). In the event the amount claimed is less than $2,000, the City shall pay the Consultant a fixed fee of five hundred dollars ($500). B. Scope of Services LB - Fee Payment - Assembly Bill 2360 Payment for contingent claiming shall be made from monies actually received from the State resulting from the Consultant's effort. Monies received shall be defined as actual payments resulting from the Consultant's actual cost claims as allowed for in the State Controller's claiming instructions. For Scope of Services 1.B., the fee which in no case shall exceed the maximum amount of three thousand five hundred dollars, is due within four weeks of City receipt of reimbursement from the State. If the amount of Consultant filed claims is less than two thousand dollars ($2,000), the City shall pay the Consultant a fixed fee of five hundred dollars ($500). This fixed fee shall be due upon submission of the claims to the State Controller. 5. 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 1.A, and I.B. Consultant shall not be liable for claims that can not be filed as a result of inadequate data or data provided in an untimely manner. 6. Citv Responsibility for Claim(s) Pursuant to Scope of Services Consultant and City explicitly recognize that initial payments received from the State resulting from the Consultant's work may be partial. In such cases, the State Controller may seek a deficiency appropriation and thus complete payment of the City's claims at a later date. The City agrees to maintain a record of State payments and remit on a timely basis any monies due the Consultant as a result of contingent claim filing. 7. Not Obligated to Third Parties The City shall not be obligated or liable hereunder to any party other than the Consultant. 8. 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. 9. 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. 10. 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 a 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. 11. Contract Validitv Date To be valid this contract must be signed by the City by July 2, 1993. If signed after that date the Consultant cannot guarantee acceptance of the Agreement unless otherwise agreed upon. OFFER IS MADE BY CONSULTANT: Date: June 3, 1993 David M. Griffith & Associates, Ltd. OFFER IS ACCEPTED BY CITY CITY OF EL By: 1- e'rlr J oro, aor Date: `/��`� 3 i )ATTEST: Allan P. Burdick Conb"in"i,Vice President Je M. City Clerk CITY CONTACT PERSON The City designates the following individual to be the person for the Consultant to contact for planning and scheduling the state mandated cost claiming activities. Name: Ransom E. Coleman Title: Finance Director P.O. Box 151560 Address:san Rafael, CA 94915-1560 Telephone ( 415) 485-3060 Fax: (415) 459-2242