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HomeMy WebLinkAboutResolution - 1000 - Agreement- David M. Griffith & Associates- Federally Funded Programs Consulting - 12/17/1981DGV:mck RT+ C()T.TTTTOM RESOLUTION 1000 - 12/17/81 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 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 copied herein in detail. Passed by the City Council this l;� day of De mb r ,1981. BILL cALISTER, MAYOR ATTEST-: Evelyn'Gaffga, City S ary-Treasurer APPROVED AS TO CONTENT: Robert Massengale, Dire or of Finance APPROVED AS TO FORM: G. Vandiver, Assistant City Attorney i RESOLUTION 1000 - 12/17/81 � \ (,Iry SFr r,TARY-TREASURER s lot AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES = TO THE CITY OF LUBBOCK, TEXAS THIS AGREEMENT, entered into this 17tiiay of December , 1981, 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: WHEREAS, the City has programs which it operates with Federal funding, and WHEREAS, the City supports these programs with support services paid from City appropriated funds, and WHEREAS, the United States government will pay a fair share of these costs if supported by an approved cost allocation plan, and WHEREAS, the Consultant is staffed with personnel knowledgeable and ex- perienced 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 repre- sentatives, NOW THEREFORE, the parties hereto mutually agree as follows:. L 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 and pro essional manner the following services: A. Development of two central services cost allocation plans (actual FY 1981 and budget 1982) which identify the various costs incurred by the City to support and administer Federal programs. This plan 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 repre- sentatives of the state and/or federal governments if such negotiation is requested by those representatives. The negotiations must be successfully conducted on the City's behalf before any compensation is due the Consultant. C. Assistance in preparing the initial claims to the State for recovery of funds due the City. Consultant will also monitor the progress of claims through the State to insure the City receives recoveries due it. 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 within six months of execution of this contract. 4. Compensation. The City agrees to pay the Consultant a sum not to exceed Fourteen Thousand Dollars ($14,000.00) 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 sumor a lesser sum as computed by paragraph 5 and Addendum A. Of the total fee of $14,000 or the lesser amount as computed, seventy-five percent (75%) will be due upon delivery and client acceptance of the plan. The remaining twenty-five percent (25%) will be due upon receipt by the City of authority to use the plan by their cognizant Federal agency. 5. Method of Payment. Payment will be made by the City to the Consultant from funds identified as recoverable in an amount greater than the recoveries that would result in using the City's prior year's methodology and the central services, up to the maximum amount agreed upon in paragraph 4. Should the City stand to recover, due solely to the plan, an additional amount less than the amount needed to satisfy Consultant's fees, then Consultant's fee is limited to the amount of those additional identified recoveries. The methodology for computing additional recoveries has been mutually agreed to by the City and the Consultant and is attached to this agreement as Addendum A. 6. Failure to Agree on Additional Recovered Amount. Should the City and the Consultant ail to agree as to the resulting computation o additional recoveries, the City may at its sole discretion reject the Consultant prepared plan. If the City elects to implement this option, this contract will be deemed to be null and void. The City shall be deemed to have incurred no obligation to the Consultant and the Consultant shall be deemed to have incurred no obligation to the City. All plans and work papers generated in the preparation of the rejected plan become property of the Consultant. 7. Clines. 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 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 liaison between the Consultant and other agencies of City government. -2- 9. Termination of Agreement for Cause. If, through any cause, the Consultant shall fail to ill in timely and proper manner his obligation under this agreement, the City shall thereupon 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 five (5) days before the effective date of such termination. 10. Information and Re orts. 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 relation with or as part of the project. Working papers prepared in conjunction with the cost allocation plan may be turned over to the City for safekeeping. 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. 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 judgment 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 supp- lementary document or ocumentsi o porated 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 Not Obligated to Third Parties. The City shall not be obligated or liable hereunder to any party other than the Consultant. -3- 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, on the part of the Consultant, and the making of any such payment by the City while any such breach or default shall exist in no ways 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 the work shall be fully qualified to perform such services. 19. Consultant Liability If Audited. The Consultant will assume all financial and statistical in ormation provided to the Consultant by City employees or re- presentatives 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 Notices. Any notices, bills, invoices, or reports required by this agreement shall be su icf lent if sent by the parties hereto in the United States mail, postage paid, to the addresses noted below: City of Lubbock David M. Griffith and Associates, Ltd. 916 Texas Avenue 666 Dundee Road, Suite 602 Lubbock, Texas 79457 Northbrook, Illinois 60062 IN WITNESS WHEREOF, the City and the Consultant have executed this agree- ment as of the date first written above. City of Lubbock By: ez""A I JIM �1 (City Official) Attest: David M, r fith and /�7ciates, Ltd. Evelyn Ga fga, City S c ary Approved as to Content: By: �` "iG`O`' Robert L. Shirley, Vice 4Robert Massengale, Director of Finance Approved as to Form: Doald G. Vandiver, Asst. City Attorney Addendum A Methodology for Computation of Additional Recoveries The City and the Consultant hereby agree to utilize the following methodology in determining additional recoveries. 1. The following programs/departments will be utilized in the recovery calculations: a. Community Development b. Other state and Federal programs identified in the course of the engagement. 2. The Consultant prepared cost allocation plan will provide gross central service cost allocations to the above listed programs/departments. The Consultant, utilizing the gross allocations, will compare this amount to the amount identified in the prior year's plan prepared by the City. 3. The Consultant will demonstrate that the differences in the levels of recoveries are due to difference in: (a) costing methodology, (b) inclusion of additional central services, and (c) identification of additional oppor- tunities to bill programs. 4. Increased recoveries calculated in Step 3 above result in changes in recoveries resulting from the Consultant's plan. If this number is positive, it represents "additional recoveries" for the purposes of Section 4 (compen- sation) and Section 5 (method of payment) of this contract. ATTEST. - -- Evelyn Gaffga; CitydSdErry-Treasurer APPROVED AS TO CONTENT: A '_ ae- Robert Massengale, Dirkctor of Finance APPROVED AS TO FORM: w D&rflaild G. Vandiver, Asst. City Attorney B'