HomeMy WebLinkAboutAgenda Report - July 17, 1991 (118)CF �
4 Q
,r CITYOF LODE COUNCIL COMMUNICATION
I AG30A TITLE: Contract with David M. Griffith and Associates, Ltd. to File
the City of Lodi's 1991-92 State Mandate Claims
MEETING DATE: July 17, 1991
PREPARED BY: Assistant City Manager
RECOMMENDED ACTION: The City. Council authorize the City Manager to enter
into a -contract with. David M. Griffith and Associates,
Ltd. (DMG) to file the City's .1991-92 State Mandated
claims.
BACKGROUND INFORMATION: ; For. the past few years the City has contracted with DMG
to file:.its SB 90 claims.
The cost of this .service is $2,450 plus 30% of all claims filed and paid to a
maximum of $7,000.
Last year the City received $60,764 from State mandated costs. We paid
$11,679.20 for these same services, for a net of $49,084.80.
Council is ur d
_ ge to again enter into this agreement with DMG, ;
FUNDING: General Fund
S
Respectfully submitted,
2111
Jerry L. Glenn
Assistant City Manager
JLG:br
Attachment
CCCOM256/TXTA.07A
r cc -1
Agreement to Provide
Mandated Cost Claiming Services
The City of Lodi (hereinafter City) and David M. Griffith & Associates, Ltd (hereinafter
Consultant)jointly agree as follows:
1. Scone of Servi es
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
state mandated cost claims:
(1) Police Department Domestic Violence Calls as specified in Chapter 1609,
Statutes of 1984. Fiscal year 1990-91 actual costs and 1991-92 estimated
costs.
f
i
(2) Police Department CPR Pocket Mids as specified in Chapter 1334,
Statutes of 1987. Fiscal year 1990-91 actual costs and 1991-92 estimated
costs.
(3) Business License r2cc Reporting Requirements as specified in Chapter
1490, Statutes of 1984. Fiscal year 1990-91 actual costs and 1991-92
estimated costs.
(4) Structural and Wildland Firefighters Safety Clothing and Equipment
specified in Title 8, California Administrative Code. Fiscal year 1990-91
actual costs and 1991-92 estimated costs.
(5) Firefighters Personal Alarm Devices as specified in Title 8, California
Administrative Code. Fiscal year 1990-91 actual costs and 1991-92
estimated costs.
(6) Regional Housing Nmd Determinations as specified in Chapter 1143,
Statutes of 1980. Fiscal year 1990-91 actual costs and 1991-92 estimated
costs.
(7) Absentee Ballots as specified in Chapter 77, Statutes of 1978. Fiscal
years 1990-91 actual costs and 1991-92 estimated costs.
(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 fileadditional claims if any such
claims remain and it is economically justified to file same.
r
The claims to be filed ..der Scope of Services A. are claims that are included in the State
Controller's claiming instructions that provide for claims to be submitted by November. 30,
1991.
B. Scnz e of �ervicec--�enateRill 1 ��� C laims
The Consultant shall prepare, submit and file on the City's behalf the following
new or first time state mandated cost claims pursuant to the Controller's claiming
instructions which are scheduled for release in September 1991 and include
provisions for the reimbursement of mandates authorized in Senate Bill 1333 of
the 1990 California Legislative Session.
(1) Investment Reports as specified in Chapter 1226, Statutes of 1984. AH
applicable years.
(2) Open Meetings Act as specified in Chapter 641, Statutes of 1986. All
applicable years.
(3) Subdivision Mergers as specified in Chapter 845, Statutes of 1983. All
applicable years.
C. Scoj& of Services - Sgnatp- Bill 171
Ifprior to September 1, 1992 the State Controller issues claiming instructions for
new claims included in Senate Bill 174 (Alquist), introduced in the 1990
Legislative session the Consultant shall prepare, submit and file on the City's
behalf all new or first time state mandated cost claims which are relevant to the
City's operations.
2. Consultant claim g4ijg., 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 A. and B. that claims will be filed for all of the
mandates listed nor that the filed claims will be complete claims.
I Limitation On Services S90M
Notwithstanding any other provisions of this Agreement, the submission of claims
pursuant to Scope of Services 1,A and 1.B may be waived in the following
circumstances:
A- At Ei�t-Option. At the discretion of the City, the City at the time of contract
execution, may select either or both services described under Sections 1.A and
1.B aboo % (Sco�, le ofLServi etg, Selection of o e service an not �he otherf is
Lt. ca y s ng ('X e entire apphcab�e paragraph above Scope o
Services IA. or Scope of Services IB.). In so striking out such paragraph all
references to that service contained in this Agreement are deleted without further
4,
action req—red of the City. All provisions of the agreement relating to the
remaining service continue in effect.
Compensation and Method of Payment
Compensation and method of payment shall be as follows for services selected pursuant
to Scope of Services 1.A, I.B. and 1.C.
For all of the above services provided pursuant to Scope of Services 1. A, City
agrees to pay Consultant upon submission of claims to the State Controller due
November 30, 1991, a fixed fee of two thousand four hundred fifty dollars
($2,450). The fixed fee shall be due upon receipt of Consultant's invoice
following submission of such claims.
B. Scone of Services 1.B - Contineent Fee
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 dollars ($7,000).
C. Scope of SdNices' 1.0 -'Contingent Fee
,'he City sthall pay the'Consultant a fee equal to thirty percent (30%)of all claims
filed and paid by the State to a maximum of seven thousand dollars ($7,000).
D Contingent Fee Payment
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 Consultants filing estimated claims
for FY 1991-92 and actual payments received for actual fiscal year costs as
allowed for in the State Controller's claiming instructions that are issued prior to
September 1, 1992 and as contained in Scope of Services 1. B and 1. C herein.
The fee, which in no case shall exceed the maximum amount, is due within four
weeks of City receipt of reimbursement from the State.
5. 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 1.A, 1.B and I.C.
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. For purposes of this Agreement, data that
is requested prior to November 1, 1991 must be received by the Consultant by November
15, 1991 to be deemed to have been received in a timely manner.
I
• 6. ' Not Obligated tt, .hifrd Parties
The City shall not be obligated or liable hereunder to any party other than the
Consultant.
7. 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. Except that, -should the City be required to return
money that the Consultant was paid in contingent fee the Consultant shall return this
Mount to 4t cam•
8. 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 east x 10c'Vf^^ "M or ;f departmental indirect cost fate porp�r� for the Clq:
9. Consultant Aspstance it AnMW
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 he Consultant
1A City t.nnract rersnn
City Contact Person
Tact:
The City designates the following individual as contact person for this contract:
ame: Jerry L. Glenn
}1 Assistant City Manager
ity Hall 221 W. Pine 84.reet
L M , CA 9524
5
Telephone 2091333- 6700 FAX: 2091333- 67A
Contract Validity Date
To be valid this contract must be signed by the City by September 20, 1991. If signed
after that date the Consultant cannot guarantee acceptance of the Agreement unless
otherwise agreed upon.
°ua
Date: &17 MW
s
MAwid . Suaif Pith a& Amwiates, ihtd.
13(:
Louis E. Chappuie
Executive Vice President -
Offer is accepted by City:
B
Thomas A Peterson, City Manager ;
Date:
ATTEST: APPROVED AS TO FORM:
9
L
Ai iceM. eimche, City Clerk Bob McNatt, City Attorney
6
E
Y
F
Please note that we cannot guaranty acceptance of this Agreement if it is not returned by the d
indicated in Paragraph 11•.
Please Return One Signed Copy of Agreement To:
David M. Griffith & Associates, Ltd.
5715 Marconi Avenue, Ute A
Carmichael, California 95608
(916) 485-8102
FAX: (916) 485-0111