HomeMy WebLinkAbout02819 - DAVID M. GRIFFITH ASSOCIATES MANDATED COST CLAIMING SERVICES 0 David M. Griffith & Asso. Ltd
Agreement to Provide Mandated Cost Claiming Serv.
AGREEMENT #2819
Mandated Cost Claiming Services MO 4537. 3-21--90
The City of Palm Springs (hereinafter Agency) and David M.
Griffith and Associates, Ltd. (hereinafter Consultant) jointly
agree as follows:
1. Scone of Services
The Consultant shall file claims for State mandated costs as
provided herein.
A. Scope of Services -- Past Due Claims
The Consultant shEL11 prepare, submit and file on the
Agency' s behalf the following State mandated cost
claims.
(1) Title 8, CAC, pertaining to Firefighters Personal Alarm
Device Costs. All applicable years.
(2) Chapter 486 of 1975 & Chapter 1459 of 1984 , pertaining
to costs of SB 90 claiming. All applicable years.
(3) Chapter 177 & 1111 of 1985, pertaining to Police
Department Missing_ Persons Reports. All applicable
years.
(4) Chapter 1203 of 1985, pertaining to Police Department
Motorist Assist Calls. All applicable years.
(5) Chapter 1609 of 1984, pertaining to Police Department
Domestic Violence Galls. All applicable years.
(6) Chapter 1334 of 1987 , pertaining to Police Department
CPR Pocket Masks. All applicable years.
The claims to be filed under Scope of Services A are claims
that were due at previous deadlines and are thus past due
claims. The Consultant shall file these claims to the
extent that appropriate documentation is available and
verifiable. The Agency explicitly acknowledges that the
Consultant does not warrant under Scope of Services A that
claims for all years will be filed nor that claims filed
will be complete claims.,
B. Scope of Services - New Claiming Opportunity
Provided that the State releases appropriate Claiming
Instructions by July 30„ 1990, the Consultant shall prepare,
submit and file on the Agency's behalf the following claim:
1. Chapter 1490 of 1984 pertaining to Business Tax
Reporting Requirements . Fiscal Years 1985-86
through 1988-89 actual costs and 1989-90 estimated
costs.
2 . City Responsibility for Claims (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.
3. Compensation and Method of Payment
Compensation for these mandates shall consist of a retainer
and contingent fee amount.
(1) Retainer. Upon acceptance of this Agreement, Agency
shall at that time pay the Consultant a retainer in the
amount of $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) Contingent Fee. The Agency shall pay the Consultant a
fee equal to thirty percent (300) of all claims filed and
paid to a maximum of fifteen thousand dollars ($15 , 000) .
Payment for contingent claiming shall be made from monies
actually received by the Agency from the State resulting
from the Consultant's efforts.
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
Agency, following the Consultant guidance, shall provide
assistance in the accumulation of the required data to
facilitate claims submission. The Consultant shall assume
all data so provided to be correct.
S . Not Obligated to Third Parties
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 reasons 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 cost allocation plan or a departmental
indirect cost rate proposal for the Agency.
8. Consultant Assistance i1: Audited
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 twenty percent (20%) or
more of the original claim submitted. Reductions of less
than twenty percent (20%) shall not be contested by the
Consultant.
9 . Contact Person
The Agency designates the following individual as contact
person for this contract::
Name: Paul R. Howard
Title: Director of Finance and Treasurer
Address: P. 0. Box 1786, Palm Springs, CA 92263
Telephone: ( 619 ) 323-8229
10 . Contract Validity Date
To be valid this contract must be signed by the Agency by
May ;til, 1990 . After that date, the Consultant cannot
guarantee acceptance of the Agreement unless otherwise
agreed upon.
Offer is made by Consultant:
Date: - ('—
David Mffith and Associates, Ltd.
By: f ✓ je-
LoULsrE"" appuie
PPW�VD � ® �� Executive Vice President
0
e 1 Offer is Accepted by Agency
Date•
City Manager
ATTEST:
! City Clerk
APPROVED BY T1*CITY COLW-3t
BYE'E" NO.
Please note that we can not 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. GRIFFITH AND ASSOCIATES, LTD.
5715 Marconi Avenue, Suite A
Carmichael, CA 95608
(916) 485-8102