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HomeMy WebLinkAboutResolution - 6078 - Contract - DMG-Maximus - Cost Allocation Plan Preparation Services - 10_22_1998Resolution No. 6078 Item No. 37 October 22, 1998 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 a contract for Cost Allocation Plan Preparation Services by and between the City of Lubbock and DMG- Maximus of Dallas, Texas, and all related documents. Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this 22nd day of October , 1998. ATTEST: KayliTarnell, City Secretary APPROVED AS TO CONTENT: �c Victor Kilm , Purchasing Manager APPROVED AS TO FORM: William de Haas Competition and Contracts Manager/Attorney Wd:dk/Cost Allocation.RES ccdocs/October 13, 1998 Resolution No. 6078 Item No. 37 October 22, 1998 AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR THE CITY OF LUBBOCK, TEXAS THIS AGREEMENT, entered into this 22nd day of October , 1998, and effective immediately by and between David M. Griffith and Associates, Ltd. (DMG-MAXR US, INC.) (hereinafter called the "Consultant") and the City of Lubbock, 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 negotiation 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. Prepare an indirect cost allocation plan in accordance with OMB Circular A-87 based on fiscal year actual cost. B. Develop a full cost budget cost allocation plan for the City of Lubbock which ignores the restrictive requirements of OMB Circular A-87. This plan will be used to identify the amount of general fund subsidy to enterprise funds and other local activities. C. Negotiate the completed cost allocation plan with the U. S. Department of Housing and Urban Development if such negotiation is requested by those representatives. D. Computation of departmental indirect cost rates based upon the computed actual plans. E. Assist the City, to the extent desired, in gaining acceptance of the departmental rate proposals by the appropriate State agencies. F. Provide guidance to City personnel to successfully utilize the indirect cost allocation plan and indirect cost rate proposals to the City's maximum advantage and ensure perpetuation of the plans in subsequent years. 3. Term of Agreement. This agreement shall be in effect starting with the preparation of the fiscal year (FY) budget 1998 - 99 full cost allocation plan and the FY 1997 - 98 Actual OMB Circular A-87 cost allocation plan. Subject agreement may, however, be extended for up to four (4) additional fiscal year periods, subject to the approval of the Consultant and the City Manager or his designee. Upon expiration of the initial term or period of extension, Consultant agrees to hold over under the terms and conditions of this Agreement for such period as is reasonably necessary to resolicit. 4. 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, except for monitoring of recoveries, shall be completed annually within twelve months of the close of the City's fiscal year. 5. Compensation. The City agrees to pay the Consultant annually according to the following fee schedule: Cost Allocation Services Fee FY 1999 $14,500 FY 2000 14,500 FY 2001 14,500 FY 2002 14,500 FY 2003 14,500 The above not to exceed fees are 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. 6. Method of Pam. The Consultant shall be entitled to payment in accordance with the provisions of this paragraph. Upon completion and delivery of the full cost plan and the OMB Circular A-87 cost plan, Consultant will invoice for each plan according to the following schedule: Period Full Cost Plan OMB A-87 Plan FY 1999 $12,000 $2,500 FY 2000 12,000 2,500 FY 2001 12,000 2,500 FY 2002 12,000 2,500 FY 2003 12,000 2,500 The City will then pay the Consultant's invoice within two weeks. 7. 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. 8. Services and Materials to be Furnished by the Citv. 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. 9. Termination of Agreement for Cause. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his obligation under this agreement, the City shall thereupon have the right to terminate this agreement with cause, by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. 10. 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. 11. 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 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. 12. 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. 13. 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. 14. 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. 15. Completeness of Contract. This contract and any additional or supplementary document or documents incorporated herein by specific reference contain all the terns 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. 16. City Not Obligated to Third Parties. The City shall not be obligated or liable hereunder to any party other than the Consultant. 17. 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. 18. 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. 19. 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. 20. Copyright Protection. The City acknowledges that the report format to be provided by Consultant is copyrighted. Consultant shall ensure that all copies of its report bear the copyright legend. The City agrees that all ownership rights and copyrights thereto lie with Consultant. The City may use the report solely for and on behalf of Client's operations. The City agrees that it will now take appropriate action by instruction, agreement or otherwise with its employees to satisfy its obligations with respect to use, copying, protection and security of the report format. Consultant agrees and understands the City is subject to various State laws regarding open records, and that Consultant's right to confidentiality of its reports format is subordinated to the City's obligations under applicable laws of the State of Texas. 21. 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: City of Lubbock David M. Griffith & Associates, Ltd. (DMG-MAX MUS, INC.) P. 0. Box 2000 13601 Preston Rd., Suite 40OW Lubbock, Texas 79457 Dallas, Texas 75240 IN WITNESS WHEREOF, the City and the Consultant have executed this agreement as of the date first written above. David M. Griffith & Associates, Ltd. (DMG-MAXIMUS, INC.) By: /-;144 le - Mark S. Epstein Vice President City of Lubbock By:lVf&ndy Sitto Mayor of Lubbock ATT T: I(bgL,j A04JA �Zaphie Darne 1 Secretary APPR VED AS TO CO NT: Mendell Sclefin Internal Auditor APPROVED AS TO FORM: William de Haas Competition and Contracts Manager