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HomeMy WebLinkAboutResolution - 1234 - Agreement- David M. Griffith & Associates- Central Service Cost Allocation Plans - 10/14/1982DGV:da RESOLUTION RESOLUTION 1234 - 10/14/82 IBE 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 to the City of Lubbock, Texas, 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 copiedherein in detail. BE IT FURTHER RESOLVED: THAT 1he Director of Finance BE and is hereby authorized to make a Community evelopment contingency fund adjustment of `$60,000 for indirect costs. Passed by the City Council this 14th day of oct9kQ4 1982. r . B Mc IS R, MAYOR ATTEST: �Eaelyn G fg , Cit r ry-Treasurer APPROVED AS TO CONTENT: Robert MassengalejI APPROVED AS TO FORM: �;_� OQQ 9--A 1 - Do 61d G. Vandiver, ector of Finance t. City At RESOLUTION 1234 - 10/14/82 AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES TO THE CITY OF LUBBOCK, TEXAS C' Ty SECRETARY -TREASURER THIS AGREEMENT, entered into this day of , 1982 and effective immediately by and between David M. Griffith and Associates, Ltd. (hereinafter called the "Consultant") and the City of Lubbock, State of Texas (hereinafter called the "City"), WITNESSETH THAT: and • WHEREAS, the City has programs which it operates with outside funding, 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: I. 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 three central service cost allocation plans, one plan based on Budget Year 1983 expenditures; one plan based on Actual 1983 expenditures and one plan based on Budgeted 1984 expenditures. These plans identify the various costs incurred by the City to support and administer non -general fund programs. These plans will contain a determination of the allowable costs of providing each supporting service, such as purchasing, legal counsel, disbursement processing, etc. B. Negotiation of the completed cost allocation plan with the appropriate Federal representatives. The negotiations must be successfully conducted on the City's behalf. C. Assistance in preparing the initial claims to the outside users for recovery of funds due the City. Consultant will monitor the progress of claims to insure the City receives recoveries due it. page 1 3. Time of Performance. The services to be performed hereunder by the Consultant shall be undertaken and completed in such sequence, as listed below, which will assure their expeditious completion and best carry out the purposes of the agreement. All services required hereunder, except for monitoring recoveries, shall be completed within eighteen months from the date this contract is signed by both parties. Specific plans will be completed as follows: Budget Year 1983 plan by November 30, 1982 Budget Year 1984 plan by November 30, 1983 Actual Year 1983 plan by March 31, 1984 4. Compensation. The City agrees to pay the Consultant a sum not to exceed Twenty Six Thousand Dollars ($26,000) 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. Method of Payment. The Consultant shall be entitled to payment in accordance with the provisions of this paragraph. The Consultant agrees to undertake this engagement with the following advantages to the City. Upon completion of the engagement, Consultant will compute recoveries due to the plan. Consultant will be due one-half of the recoveries but limited to the amount agreed upon in paragraph 4. All recoveries in excess of the Consultant's fees will be retained solely by the City. 6. Timing of Consultant Payment. Upon completion of each plan and computation of recoveries, Consultant will invoice the amount listed below. Then the City will pay the Consulant's invoice within two weeks. Specifically, the City will pay the following amounts for each plan: Budget Year 1983 $ 12,000 Budget Year 1984 12,000 Actual Year 1983 2,000 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 which are mutually agreed upon by and between the City and the Consultant shallges, be incorporated in written amendment to this agreement. 8. Services and Materials to be Furnished by the Cit . The City shall furnish the Consultant with all availa le 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. The City shall have 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. page 2 r 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 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. 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. Provisisons Concerning Certain Waivers. Subject to applicable r 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 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. 16. City Nat 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. IS. 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. page 3 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, should an audit be und however, provide assistance to the City shertaken of City indirect costs. 20. 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 David M. Griffith and Associates, Ltd. Director of Finance 3501 Mac Arthur Blvd., Suite 400-8 City of Lubbock Irving, Texas 75062 P. O. Box 2000 Lubbock, Texas 79457 IN WITNESS WHEREOF, the City and the Consultant have executed this agreement as of the date first written above. Attests Evelyn Ga fga, City tart'- Treasurer APP OVED AS TO CONTENT: Robert Massengale, rector -of Finance APPROVED AS TO FORM: :iL� Donald Va,A s.nAQtto rney City of • Lubbock r By: (Cit Official Bill:McAlister, Mayor David M. Griffith and Associates, Ltd. LdE By: Donal. Brewer Vice President page 4