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HomeMy WebLinkAboutAgenda Report - September 16, 1992 (51)CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Contract to Pile the City's 1991-92 State Mandated Claims David M. Griffith & Associatoc, Ltd. MEETING DATE: September 16, 1992 PREPARED BY: Assistant City Manager RECNDED 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. HACICGROUND INFOTaQTION: For the past few years the City has contracted with DAA to file its SB 90 claims. The cost of this service is $3,000 plus 30% of all new or first time mandated cost claims filed and paid to a maximum of $3,500. %ast year the City received a net of $39,504 from State mandated costs. Council is urged to again enter into this agreement with David M. Griffith and Associates, Ltd. FUNDING: General Fund JW:br Attachment CCCOMS97/TXTA.07A APPROVED: Respae!tfully submitted, erry L. Glenn Assistant City Manager THOMAS A. Pt rE P SON City Manager I� rt .yCfed Paper CC -1 RESOLUTION NO. 92-162 sasmssssssssssss:sass A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THS CITY MANAGER TO ENTER INTO A CONTRACT WITH DAVID M. GRIFFITH AND ASSOCIATES, LTD. (DW) TO FILE THE CITY'S 1991-92 STATE MANDATED CLAIMS s�savasssss.ssssas:sasssssssr+ssssssssssasssss:asssssa:a:sssa:s:ssssazasas RNSOLYSC, that the city Council of the city of Lodi is desirous of receiving reimbursesaent for certain expenditures made by the City to sa.:isfy State of California mandates, and W=TMM RZSOLVZD, that City of Lodi does hereby authorize the City Massager to enter into a contract with David M. Griffith and Associates, Ltd. (DME) to enable DW to proceed with tha filing of claims with the State of California to recoup for the City reimbursement of these certain expenditures. Dated: September 16, 1992 ssssssassssssasssassssssassaaurssamasssssscsssssaasssssassaassarsassssas I hereby certify that Resolution No- 92-162 was passed and adopted by the City Council of the City of Lodi in a regular Weetinq held September 15, 1992 by the following vote: Ayes= Council Membars Yinchman, Pennino, Siegluck and Pinkerton (Mayor) Does: Council Members - None Absent: Council Members Snider vi4o Alice M. Reimehe City Clerk 92-162 RE392162/T)ITA. d2J :September 22,. 1992 David M. Griffith & Associates, Ltd. Attention: Allan P. Burdick Director, Mandate Cost Consulting 5715 Marconi Avenue, Suite A Carmichael, CA 95608 THOMAS A. PETERSON City Manager ALICE M. REIMCHE * Clerk BOB MCNATT City Attorrrey Dear idr . Burdick: Enclosed for your file please find fully executed copy of the Agreement to Provide Mandated Cost Claiming Service which was approved by the Lodi City Council at its meeting of September 16, 1992. Also enclooed is a certified copy of Resolution No. 92-162 entitled, "A Resolution of the Lodi City Council Authorizing the City Manager to Enter Into a Contract With David M. Griffith and Associates, Ltd. (DMG) to Pile the City's 1991-92 State Mandated Claims". If you have any questions regarding thie matter, please feel free to contact our office. Very truly yours, 3le&nifar�[. Pexrin Deputy City Clerk imp .CITY COUNCIL MES W PINKERTON, Mayor CITY OF LODI PHILLIP A PENNINO Mayor Pro Tempore CT[Y HALL, 221 WEST PIlE SKEET D?47ID M. HINCHMAN PA BOX 3006 JACK A SiEGLOCK LODE CALIFORNIA 95241-1910 JOHNR (Randy) Shit (209) 334-5634 FAX (209) 333.6795 :September 22,. 1992 David M. Griffith & Associates, Ltd. Attention: Allan P. Burdick Director, Mandate Cost Consulting 5715 Marconi Avenue, Suite A Carmichael, CA 95608 THOMAS A. PETERSON City Manager ALICE M. REIMCHE * Clerk BOB MCNATT City Attorrrey Dear idr . Burdick: Enclosed for your file please find fully executed copy of the Agreement to Provide Mandated Cost Claiming Service which was approved by the Lodi City Council at its meeting of September 16, 1992. Also enclooed is a certified copy of Resolution No. 92-162 entitled, "A Resolution of the Lodi City Council Authorizing the City Manager to Enter Into a Contract With David M. Griffith and Associates, Ltd. (DMG) to Pile the City's 1991-92 State Mandated Claims". If you have any questions regarding thie matter, please feel free to contact our office. Very truly yours, 3le&nifar�[. Pexrin Deputy City Clerk imp AUG 2 0 '92 City Managers otil" DAVID M. GRIFFITH AND ASSOCIATES, LTD. August 19, 1992 Mr. Jerry L. Glenn Assistant City Manager City of Lodi Call Box 3006 Lodi, CA 95241-1910 Subject: Contract to Fele the City's 1991-92 State Mandate Claims Dear Mr. Glenn: It's tine to complete plans for preparing the City's annual state mandated cost claims. We had hoped to wait until after the Staff had passed it's budget before contacting you, but its getting late and who knows when this ms's budget will actually pass. Once again, DMG is pleased to offer its services to prepare the City of Lodi's mandate claims. Our fixed fee to file the City's claims, which includes all expenses and follow up work with both your staff and the State Controller is $3,000. As before, fees paid to DMG for claim filing services should be recovered by including them in this year's claim for the mandate process itself which, of course, we will prepare as part of this agreement. More Claims to Fife this Year There are more claims to file this year than last. In addition to all the claims filed last fall, you will have an Open Meetings Act claim to file. This claim has proven to be more complex and time cons!,ming than anyone anticipated. In other words, no matter what happens with the state budget, the claiminz task will require more cf everyone's time and effort. New Claiming Opportunity You should also take advantage of at least one new claiming opportunity that should be available in the current fiscal year. The Governor recently signed Assembly Bill 2360 (Vasconcellos) which contains various state mandated local programs. The State C:,ctroller should be sending out claiming instructions for those claims sometime this calendar year and you will have 120 days to file those claims. Probable Increase in "Optional" Mandates The other item you should be aware of is the possibility that the Legislature will make more state mandated programs optional this year. Its very important to remember, however, that the California Office. 5775 Marconi Ave.. Suire A + Carrn,c'7aef. CA 95606 v (916) 485.6702 Page -2- n City must still file FY 1991-92 acbml cost claims in all claiming areas where it filed estimated claims last year. Otherwise, the State will request that funds already paid be refunded. In some cases making certain mandates optional may be viewed as positive while in others, it may have a re-;ative impact. For exomple, if the Regional Housing Needs Assessment mandate is made optional, the City should not have to spend money updating the housing element to the general plan. Conversely, if it has already contracted for that work and feels compelled to complete the work, it will not get the pmtial reimbursement it would otherwise be entitled to receive from the state mandated cost process. DMG Services,& Contract We believe it is to everyone's benefit tD tale care of SB 90 claiming matters now. We have enclosed two copies of an executed contract. If you wish to retain our services again this year, simply sign and reimm one copy of the Agreement to our Carmicha6 cfE! . If you have any questions or comments, please feel free to call Allan Burdick or David Wellhouse at (916) 485- 8102. In closing we would like to stress again that regardless of the State budget outcome, actual cost claims for FY 1991-92 must be fi]ed or a repayment situation will result. Additionally, as in the past DMG's fee is a claimable cost -.end thus should be recoverable. We thank you for your consideration and look forward to hearing from you soon. Sincerely, Allan P. Burdick Director, Mandate Cost Consulting APB:cr Enclosure 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. SQne of Services The Consultant shall fileclaims for reimbursable state mandated costs as provided herein. The Consultant shall prepare, submit and file on the City's behalf the following state mandated cost claims for fiscal year 1991-92 aF Wal costs and, where applicable, 1992-93 estimated costs. (1) Open Meetings Act requirement as specified in C; apter 641, Statutes of 1986. (2) Police Department Domestic Violence Calls as specified in Chapter 1609, Statutes of 1984. (3) Police Department -CPR Pocket Maks as specified in Chapter 1334, Statutes of 1987. (4) Business License Tax Reporting Requirements as specified in Chapter 1490, Stanaes of 1984. (5) Structural and Wildland Firefighters Safety Clothing and Equipment specified in Title 3, California Administrative Code. (6) Firefighters Personal Alarm Devices as specified in Title 8, California Administrative Code. . (7) Regional Housing Need Determinations as specified in Chapter 1143, Statutes of 1980. (8) Absentee Ballots as specified in Chapter 77, Statutes of 1978. (9) Mandate Reimbursement Process as authorized by Chapter 48;, Statutes of 1975 and Chapter 1489, Statutes of 1984. ;lv) 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 A. are claims ,..pit are included in the State Controller's claiming instructions that provide for claims to be s ub m i t t -, d by November 30, 1992. ii •�� -11111111 r•s•111s iII I f The Consultant shall prepare, submit and file on the City's behalf al I applicable new or first time state mandated cost claims pursuant to the Controller's claiming instructions which are scheduled for release in the fall of 1992 and include provisions for the reimbursement of mandates author zed in Assembly Bill 2360, of the 1992 California Legislative Session. 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 applicable mandates listed. 3. Limitation On Services Scone Notwithstanding any other provisions of this Agreerr.,nt, the submission of claims pursuant to Scope of Services LA and I . B may be waived in the following circumstances: A. At City ®tion. At the discretion of the City, the City at the time of contrac execution, may select either or both services described under Sections I.A and LB above (Scope of Services). S.le`.tion of one service and not the ;ether is indicated by striking through the entire applicable paragraph above (Scope of Services I A. or ScoF°: of Services 1 B.). In sv stri ki ng out such paragraph all references to that service contained in this Agreement are deleted w i th o u t further action required of the City. All provisions of the agreement relating to the remaining service continue in effect. t n• t t t MIXTIUMMI I n t Compensation and method of payment, shall be as follows for services selected pursuant to Scope of Services I.A. ••� •ra 11111 - .-� -� For 111.1 of the above services provided pursuant to Scope of Services LA, Cizy agrees tr) pay Consultant upon submission of claims to the State Controller due November 30, 1992, a fixed fee a! three 'housand dollars ($3,000). The fixed fee shall be due upon receipt of Consultant's invoice following submission of such claims. P- B. Sr 4 of Services LB - Other Fee Arrangements � 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 arnount claimed is less than $2,000, 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 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 LB., 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 the two thousand dollars ($2,000) the City should 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. 4 -he Consultants fixed flee inay be included in the City's next Stag mr.ndate cost reimbursement chin: for potential pay. -nen: by 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, and I.B. Consultant shall m! 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, 1992 must be received by the Consultant by November 15, 1992 to be deemed to have been received in a timely manner. The City shall not be obligated or liable hereunder to any party other than the Consultant. 7. 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 io 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 amount to the City. 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 SL"!e 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. 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 cf a least twenty percent (20%) or seven hundred fifty dollars ($750), whichever is greater. Reductions. of less than twenty percent (20%)or seven hundred filly dollars ($75L) shall not be contested by the Consultant. 10. City Contact Person The City designates the following individual as contact person for this contract: Name: Jerry L. Glenn Title: Assistant City Manager Address: P.O. Box 3006, Lodi, CA 95241-1910 Telephone (209) 333-6700 FAX: 11. Contract Validity Date (209) 333-6795 To be valid this contract must be signed by the City by October 18, 1992. If Signed after that date the Consultant cannot guarantee acceptance of the Agreement unless otherwise agreed upon. Approved s to form: C Bobby W. FOZtt, City Attorney Offer is made by Consultant: Date: August 19, 1992 --M--Griffith .&,Associates .td. P. Burdick Vice Presidtnt Offer is Accepted by City Thcmas,A. Peterson, City Manager Date: 9/16/92 Attest: Alice M. Reimchn City Clerk RESOLUTION NO. 92-162 asassasasasasssa:aa.:ss A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH DAVID M. GRIFFITH AND ASCOCIATES, LTD. (DMG) TO FILE THE CITY'S 1991-92 STATE MANDATED CLAWS sssssssass:sssss:ssasss:sasasaas:usssssassasassssaaaassaasssaassssaas RZSOLVSD, that the City Council of the City of Lodi is desirous of receiving reimbursement for certain expenditure8 made by the City to satisfy State of California mandates, and FURTHER RESOLVED, that City of Lodi does hereby authorize the City Manager to enter into a contract with David M. Griffith and Associates, Ltd. (DW) to enable DM to proceed with the filing of :.Iaims x:th the State of 4a� iforti.fa to reccup for the City reimbursement of these certain expenditures. Dated: September 16, 1992 asssasssssasessssasasasssssmassssagassas=sass�sssssss$sassassssssssssa I hereby certify that Resolution No. 92-162 was passed and adopted by the City Council of the City of Lodi in a regular meeting held September 16, 1992 by the follovi.ng vote:` Ayes: Cou±:cil Members - Hinchman, Pennino, Sieglock and Pinkerton (Mayor) Noes: Council Members - None Absent: Council Members - Snider &'d � - 4"(4A) Alice M. Reimche City Clerk The 1'cre;oinn Document is Certified 92-162 To Ft A Cor: (pct COPY Of The Original RES92162/TXTA.02i On F. -k: ;n Tris Office. tennifer M. Perrin f3e/P (y City Clz�k City Of Lodi By ` Dated: f,.