HomeMy WebLinkAboutAgenda Report - September 5, 1990 (58)f
C 0 u SIC I L C 0 M M U N I C A T ON 4
ID. THE CITY COUNCIL
FROM: (HE CITY MANAGER'S OFFICE
COUNCIL MEETING DATE
SR3IEMI31R 5, 1990
SUBJECT: CONTRACT FOR FILING SB 90 CLAM
PREPARED BY: Assistant City Manager.
RECONWENDED ACTION The City Counc>ti authorize the; City Manager and City'
Clerk to execute the: attached contract.'with David M.
Giff 4:h:aad Associates =(DMG) _ to =: file .claims:.against
the •, i.tte" fnr� State' ma'r.rlated rnsts
BACKGROUND INFORMATION: Last year ve contracted with DMG to file for
reimbursement of.State mandated costs -
They. have beenxlZemely successful in obtaining reimbursement! fQM the Stat;
tar in excess o our c sts ,in sf"oilin I t%he data: -.-and the fees pe i a totem. n
1989-90 fiscal year the City i ved $73,873 as a result of tt eir efforts and
paid them a total of $12,401, for a net revenue of $01,.472'0
There are eleven programs for which we aDoear to be eligit le to receive
reimbursement.
DMG has the expertise and experience to continue handling this program for is
and therefore I urge the Council to authorize the renewal of our contract for
another year.
Respectfully submitted,
�/erry L. Glenn
Assistant City Manager
WeR 17a
FISCAL YEAR 1990-9'
AGREEMENT TO PROVIDE
MANDATED COST CLAIMING SERVICES
The City of Lodi (hereinafter Agency) and David M. Griffith &
Associates, Ltd. (hereinafter Consultant) jointly agree as
follows,
1.A Scone of Services - Continuing Claiming Opportunities
The Consultant shall prepare, submit and file on the
Agency's behalf the following State mandated cost claims.
a Title 8, CAC, pertaining to Firefighters Safety
Clothing and Equipment and Wildland Firefighters Safety
Clothing and Equipment. Fiscal Year 1989-90 actual
costs and 1990-91 estimated costs.
b. Title 8, CAC, pertaining to Firefighters Personal Alarm
Device Costs, Fiscal Year 1989-90 actual costs and
1990-91 estimated costs.
C. Chapter 486 of 1975 & Chapter 1459 of 1984, pertaining
to costs of SB 90 claiming. Fiscal Year 1989-90 actual
costs and 1990-91 estimated costs,
CL Chapter 1203 of 1985, pertaining to Police Department
Motorist Assist Calls. Fiscal year 1989-90 actual
costs.
e. Chapter 1609 of 1984, pertaining to Police Department
Domestic Violence Calls. Fiscal year 1989-90 actual
costs and 1990-91 estimated costs.
f. Chapter 1334 of 1987, pertaining to Police Department
CPR Pocket Masks, Fiscal year 1989-90 actual costs and
1990-91 estimated costs.
g. Chapter 1490 of 1984, Business Tax Reporting
Requirements. Fiscal year 1989-90 actual costs and
1990-91 estimated costs.
1.B Scone of Services -New Claiming Opportunities
The Consultant shall prepare, submit and file on the
Agency's behalf the following State mandated cost claims,
provided the State Controllers' office issues CLAIMING
INSTRUCTIONS pertaining thereto prior to September 1, 1991.
a. Chapter 1226 of 1984, pertaining to Investment Reports.
Fiscal year costs for all applicable years.
2.
3.
b, Chapter 641 of 1986, pertaining to Open Meetings Act.
Fiscal year costs for all applicable years.
C. Chapter 668 of 1985, pertaining to Police Department
Domestic Violence and Training costs. Fiscal Year
costs for all applicable years.
d. Chapter 1456 of 1988, et al, pertaining to Missing
Persons Report Requirements. Fiscal Year costs for all
applicable years.
Linitation On Service Scope
Notwithstanding any other provisions of this Agreement, the
submission of claims pursuant to Scope of Services LA and
I.B. may be waived in the following circumstances:
A At Agency Option. At the discretion -of the Agency, the
Agency at the time of contract execution,, may select
either or both services described under Sections 1.A
and 1.B above (Scope of Services) . Selection of one
service and not the other is indicated by striking
through the entire applicable paragraph above (Scope of
Services IA. or Scope of Services 1B.). In so striking
out such paragraph all references to that service
contained in this Agreement are deleted without further
action required of the Agency. All provisions of the
Agreement relating to the remaining service continue in
effect.
B. At Consultant Option. At the sole discretion of the
Consultant, the Consultant may notify the Agency of its
intention to not pursue a specific claim and the
reasons therefore. Such notification must be in
writing and provided to the Agency not less than twenty
one (21) days prior to the due date of the claim.
Compensation and method of payment shall be as follows for
services selected pursuant to Scope of Services LA A and I.B.
A. Scope of Services lA
For all of the above services provided pursuant to
Scope of Services 1A, Agency agrees to pay Consultant
upon submission of claims to the State Controller due
November 30, 1990, a fixed fee of two thousand four
hundred fifty dollars ($2,450). In the event the
Agency fails to execute this Agreement by the deadline
noted in item 10 (Contract validity date) the the fixed
fee shall automatically be increased 10% if signed and
accepted during the ensuing grace period. The fixed
fee shall be c?ue upon receipt of Consultant invoice
following submission of such claims.
i
B. Scone of Services 1B
Scope
Compensation for these mandates shall consist of a
retainer and contingent fee amount.
(1) Retainer. Upon issuance of CLAIMING INSTRUCTIONS by
the State Controller of the first of any of the
programs listed under Scope of Services 1.B, the Agency
shall at that time, pay the Consultant a retainer in
the amount of five hundred fifty dollars ($550) . The
retainer shall be returned to the Agency at the claims
submission deadline for all applicable claims, if
Consultant filed claims pursuant to this Scope of
Services do not exceed the retainer by at least two
times.
(2) gMtinMt Fee . The Agency shall pay the Consultant a
fee equal to thirty percent (30%) of all claims filed
and paid to a maximum of seven thousand two hundred,
fifty dollars ($7.250) .
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 1990-91 and
actual payments received for actual Fiscal Year costs
as allowed Cor in the State Controllers CLAIMING
INSTRUCTIONS that are issued prior to September 1, 1991
and as contained in Scope of Services 13 herein. The
fee, which in no case shall exceed the maximum amount,
is due within four weeks of Agency receipt of
reimbursement from the State.
4. Services and Materials to be Furnished by the Agency
The Consultant shall provide guidance to the Agency in
determining the data required for claims submission. The
Consultant shall assume all data so provided to be correct.
The Agency 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 1.B. Consultant shall not be
liable for claims that can not be filed as a result of
inadequate or data provided in an untimely manner, For
purposes of this Agreement, data that is requested prior to
November 9, 1990 must be received by the Consultant by
November 19, 1990 to be deemed to have been received in a
timely manner.
The Agency 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 Agency employees
or representatives is accurate and complete, -Any subsequent
disallowance of funds paid to the Agency under the claim for
whatever reason is the sole responsibility of the Agency.
Except that, should the Agency be required to return money
that the Consultant was paid in contingent fee the
Consultant shall return this amount to the Agency.
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 Agency records support such a calculation. The
Consultant by this Agreement is not required to prepare a
central service ccst allocation plan or a departmental
indirect cost rate proposal for the Agency.
•11111111121MIN
The Consultant shall make workpapers and other records
available to auditors. The Consultant shall provide
assistance to the Agency 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. Contact Person
The Agency designates the following individual as contact
person for this contract:
Name:
Title:
Address=
Telephone:
To be valid this contract must be signed by the Agency by
Sebtember 20. 1990. If signed after that date the
Consultant cannot guarantee acceptance of the Agreement
unless otherwise agreed upon. Contracts accepted by the
Consultant after September 20, 1900 shall be subject to the
penalty described in paragraph 3.
O f f e r is made by Consultant:
Date:`
David M. Griffith & Associates, Ltd.
By.
Lou ie
Executive Vice esident
Offer is accepted by Agency:
BY:
Date:
ATTEST:
Please mote that we cannot guaranty acceptance of this Agreement
if it is not returned by the date indicated in Paragraph 10.
Please Return One Signed Copy of Agreement To:
DAVID M. -RIFFITH & ASSOCIATES, LTD.
5715 Marconi Avenue, Suite A
Carmichael, CA 95608
(916) 485-8102