HomeMy WebLinkAboutContracts & Agreements_57-1997_CCv0001.pdf Contract Number: F97-127
Agreement to Provide
Mandated Cost Claiming Services
THIS AGREEMENT, entered into this 15th day of July 1997 and
effective immediately by and between David M. Griffith & Associates, Ltd. (hereinafter
"Consultant") and the City of Redlands (hereinafter "City"),
WHEREAS, Article X11113 of the California State Constitution provides that cities may recover
costs associated with carrying out programs mandated by the State of California,
WHEREAS, the City desires to obtain maximum reimbursement for costs incurred in carrying out
State mandated programs, and has determined that engaging the Consultant to assist in the
mandated cost claim preparation process is the most economical and cost effective means for
preparing the City's state mandated cost claims; and
WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced in
determining the costs of governmental programs and in the submission of cost claims to the State
of California, and
WHEREAS, the City desires to engage the Consultant to assist in developing, submitting, and
negotiating cost claims pertaining to state mandated programs.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Scope 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 mandated cost
reimbursement claims for the 1996-97 fiscal year and estimated claim(s) for the 1997-98
fiscal year. The fiscal year 1996-97 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 30,0, 1997.
B. All Other Claims for Which Claiming Instructions Are Issued in FY 1997-98
With the exception of the claims in Scope of Services LA, above, the Consultant shall
prepare, submit and file on the City's behalf, all other eligible actual and estimated state
mandated cost reimbursement claims for which State Controller Claiming Instructions are
issued in the 1997-98 fiscal year.
City of Reffland:-, June 12, 1997
Contract Number: F97-127
2. Consultant Claim Filing 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 that claims will be filed for all of the applicable mandates
listed.
3. Costs and Method of Compensation
A. Scope of Services I.A. -Annual State Mandated Cost Reimbursement Claims
For the services provided pursuant to Scope of Set-vices I.A., the City agrees to
pay the Consultant upon submission of the claims to the State Controller, a fixed
fee of three thousand eight hundred dollars ($3,800). The fixed fee shall be due
upon receipt of Consultant's invoice following submission of such claim(s).
B. Scope of Services I.B. -All Other New Claims for Which Claiming
Instructions are Issued in FY 1997-98
For the services provided pursuant to Scope of Services 1.13, 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).
4. 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. 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.
City of Redlands - 2- June 12, 1997
Contract Number : F97-127
5. Not Obligated to Third Parties
The City 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 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 departmental indirect cost rate proposals 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 Consuitant 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. Changes
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 a timely and proper manner its
obligation under this agreement, the City shall thereupon have the rip-lit to terminate this
agreement by giving written notice to the Consultant of such termination and specifying
City of Redlands
June 12, 1997
Contract Number: F97-127
the effective date thereof, at least five (5) days before the effective date of such
termination.
12. City Contact Person
The City designates the following individual as contact person for this contract:
Name: Tina._Kundig Telephone: 909-798-7541
Title: Interim Finance Director Fax: 909-798-7602
Address: Post Office Box 3005, Redlands, California 92373
13. Executed Contract
To be valid this contract must be signed by the City by July 30, 1997. If signed after that
date the Consultant cannot guarantee acceptance of the Agreement unless otherwise
agreed upon.
If the City requests that DMG prepare the claim(s), and DNIG prepares and submits the
claim(s) without the City having executed and forwarded a copy of this contract to the
Consultant prior to the due date of the reimbursement claim, a signature by a City
employee on the claim(s) coversheet(s) indicates the City's acceptance of this contract and
its terms.
OFFER I 1ADE-BY CONSULTANT OFFER
USA CEP IED BY CITY
By:
Allan P. Burdick, Vice President City Official: Mayor
David M. Griffith& Associates, Ltd.
Date: June 12, 1997 Date: July 15, 1997
ATTES
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City of Redlands - 4 - June 12, 1997