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HomeMy WebLinkAboutResolution - 1842 - Agreement - David M Griffith & Associates - Indirect Cost Allocation Plan - 09_27_1984RESOLUTION #1842 September 27, 1984 Agenda Item #38 JCR:cl RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock an Agreement to Provide Professional Consulting Services, between the City of Lubbock and David M. Griffith and Associates, Ltd., attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST.: an a Boyd, City Secretary 27th da of September 1984. ALA .61ENRY, MAYOR APPROVED AS TO CONTENT: Robert M ssengale, sistant City Manager APPROVED AS TO FORM: f ohn C. Ross, Jr., City Attorney Resolution #1842 City of Lubbock, Texas $15,000 per year June 1, 1984 AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE CITY OF LUBBOCK, TEXAS THIS AGREEMENT, entered into this, ay o 984, and effective immediately by and between David M. Griffith and ssociates, Ltd. (hereinafter called the "Consultant") and the City of Lubbock, State of Texas (hereinafter called the "City"), WITNESSETH THAT: WHEREAS, the City has programs which it operates with outside funding, and WHEREAS, the City supports these programs with support services paid from City appropriated funds, and WHEREAS, outside users will pay a fair share of these costs if supported by an approved cost allocation plan, and WHEREAS, the City has previously filed an approved plan and has recovered outside funding due to the City, and WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced in the requirements of developing and negotiating such governmental cost allocation plans, and WHEREAS, the City desires to engage the Consultant to assist in developing a plan which conforms to Federal requirements and will be approved by their representatives, NOW THEREFORE, the parties hereto mutually agree as follows: 1. Employment of Consultant. The City agrees to engage the Consultant and the Consultant hereby agrees to perform the following services. 2. Scope of Services. The Consultant shall do, perform, and carry out in a good professional manner the following services: A. Development of the following City-wide cost allocation plans: Plans based on Actual costs for: FY 1984 FY 1985 FY 1986 Plans based on Budgeted costs for: FY 1985 FY 1986 FY 1987 page 1 City of Lubbock, $15,000 per year June 1, 1984 Texas The above plans will identify the various costs incurred by the City to support and administer non -general fund programs. The cost plans will contain a determination of the allowable costs (in accordance with OMB Circular A- 87) of providing each supporting service, such as purchasing, legal counsel, disbursements processing, etc. B. Negotiation of the completed cost allocation plans with the U. S. Department of Housing and Urban Development. The negotiations must be successfully conducted on the City's behalf. C. Computation of departmental indirect cost rates based upon the completed actual and budget year plans. D. Assist the City, to the extent disired, in gaining acceptance of the departmental rate proposals by the appropriate State agencies. E. Provide guidance to City personnel to successfully utilize the cost allocation plans and indirect cost rate proposals to the City's maximum advantage and ensure perpetuation of the plans in subsequent years. 3. Time of Performance. The services to be performed hereunder by the Consultant shall be undertaken and completed in such sequence as to assure their expeditious completion and best carry out the purposes of the agreement. All services required hereunder shall be completed annually within twelve months of the close of the City's fiscal year. 4. Compensation. The City agrees to pay the Consultant a sum not to exceed Fifteen Thousand Dollars ($15,000) per year for all services required herein, which shall include reimbursement for expenses incurred. Consultant agrees to complete the project and all services provided herein for said sum. 5. Timing of Consultant Payment. Upon completion of the plans and proposals for each year, and delivery to the City,the Consultant will invoice the City in accordance with the following schedule. Then the City will pay the Consultant's invoices within two weeks. Year 1: Budget FY 1985 Plan - $12, 000 Actual FY 1984 Plan - 3,000 Year 2: Budget FY 1986 Plan - 12,000 Actual FY 1985 Plan - 3,000 Year 3: Budget FY 1987 Plan - 129000 Actual FY 1986 Plan - 39000 page 2 City of Lubbock, Texas $15,000 per year June 1, 1984 6. Changes. The City may, from time to time, require changes in the scope of the 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. 7. Services and Materials to be Furnished by the City. The City shall furnish the Consultant with all available necessary information, data, and materials pertinent to the execution of this agreement. The City shall cooperate with the Consultant in carrying out the work herein, and shall provide adequate staff for liaison with the Consultant and other agencies of City government. 8. Termination of Agreement. The City shall retain the right to terminate this agreement, with or without cause, by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. 9. Information and Reports. The Consultant shall, at such time and in such form as the City may require, furnish such periodic reports concerning the status of the project, such statements, certificates, approvals, and copies of proposed and executed plans and claims and other information relative to the project as may be requested by the City. The Consultant shall furnish the City, upon request, with copies of all documents and other materials prepared or developed in conjunction with or as part of the project. 10. Records and Inspections. The Consultant shall maintain full and accurate records with respect to all matters covered under this agreement. The City shall have free access at all proper times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. 11. Accomplishment of Project. The Consultant shall commence, carry on, and complete the project with all practicable dispatch, in a sound economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, the Consultant shall take such steps as are appropriate to insure that the work involved is properly coordinated with related work being carried on in the City. 12. Provisions Concerning Certain Waivers. Subject to applicable law, any right or remedy which the City may have under this contract may be waived in writing by the City by a formal waiver, if, in the judgement of the City, this contract, as so modified, will still conform to the terms and requirements of pertinent laws. page 3 City of Lubbock, Texas $15,000 per year June 1, 1994 13. Matters to be Disregarded. The titles of the several sections, subsections, and paragraphs set forth in this contract are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of the provisions of this contract. 14. Completeness of Contract. This contract and any additional or supplementary document or documents incorporated herein by specific reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. 15. City Not Obligated to Third Parties. The City shall not be obligated or liable hereunder to any party other than the Consultant. 16. When Rights and Remedies Not Waived. In no event shall the making by the City of any payment to the Consultant constitute or be construed as a waiver by the City of any breach of covenant, or any default which may then exist shall in no wise impair or prejudice any right or remedy available to the City in respect to such breach or default. 17. Personnel. The Consultant represents that he has, or will secure at his own expense, all personnel required in performing the services under this agreement. Such personnel shall not ,be employees of or have any contractual relationship with the City. All of the services required hereunder will be performed by the Consultant or under his supervision, and all personnel engaged in work shall be fully qualified to perform such services. 18. 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 plan is the sole responsibility of the City. Consultant will, however, provide assistance to the City should an audit be undertaken of City indirect costs. page 4 City of Lubbock, Texas $15,000 per year June 1, 1984 19. Notices. Any notices, bills, invoices, or reports required by this agreement shall be sufficient if sent by the parties hereto in the United States mail, postage paid, to the addresses noted below: Mr. J. Robert Massengale City of Lubbock David M. Griffith and Associates, Ltd. P.O. Box 2000 3501 Mac Arthur Blvd., Suite 400E Lubbock, Texas 79408 Irving, Texas 75062 IN WITNESS WHEREOF, the City and the Consultant have executed this agreement as of the date first written above. City of Lubbock, Texas By: 11 (City ficial) David M. Griffith B Y• Donald E. Brewer Vice President page 5 - �, Ltd.