HomeMy WebLinkAboutDAVID M. GRIFFITH & ASSOCIATES - Assistance to City in Filing Claims for State Mandated Cost Reimbursement 12/1/97 - 1997-12-01A
AXIMUS
Helping Government Serve The People
DATE: October 28, 1999
TO: Agenda Preparation Staff
FROM: Terry Birgel, DMG-Maximus
RE: This _Year's Open Meetings Act Claim -- Deadline of Friday, November 19th
This year we're filing the 1998/99 (actual) and 1999/00 (estimated) Open Meetings Act claim. As
in past years, we need timesheets and sample agendas from city staff to support the claim. Please
copy and distribute this page, along with the blank timesheet attached, to all those who prepare &
post agendas.
1) The Controller requires tim sheets (FORM OMA-3) for the 1998/99 year - 1 1
f8 through June 30, 19 S ave attached a blank timesheet for your reference.. Please
note the i " on t e back of the timesheet.
the Co requires some sample agendas -- copies of your agendas $fin the
of August and November of 1998, and February and May of 1999. They
w t the agendas from the first regular meeting held in these four montheael�
commis
you have. 1t no
month, the following month's agenda should be used.
was held in the specified
Please mail or fax the timesheets and agendas no later than Friday, November 19th to me
in our Pasadena office. If you have any questions regarding the Open Meetings Act claim or the
OMA-3 timesheet, please give me a call @ (626) 821-0725.
Thanks for your help on this project. fy
Terry Birgel
Senior Consultant,
DMG-Maximus
1000 East Walnut Street, Suite 207 • Pasadena, CA 91106 • 626.564.0401 • FAX 626.564.1689
State tontroilees Office
Claim Settlement Instructions
MANDATED COSTS
FORM
OPEN MEETINGS ACT
OMA-3
TIME/WORK DOCUMENTATION
(01) Claimant Ja-Ae-�2 - e,,
(02) Period of Costs 73Tcf9 0 l/ Z c�
(03) Meeting NameC, a evf..o
CAU
0211r
(04) Department
(05) Time/Work Log
Reimbursable Activities
Writing, Composing,
Typing,
Editing,
Post
Drafting
Word-proceuing
Reviewing
(u I location only)
Due and Type
Employee
of Meetings
Names and Titles
Due I Time
Date ( Time
Due I Time
Due Tim,
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() Certification
1 hereby certify the above activities and recording of time spent are true and correct.
q
Prepared by:` /dA 1/P., - &5t-, Title C.I ✓&ea Date
Signature: Page of
September 20, 1995
Chapter 641/86
State Controller's Office S
Mandated Cost Manual
MANDATED COSTS
OPEN MEETINGS ACT
TIMEIWORK DOCUMENTATION - -- ".. ---- _.. - - " _._ _
FORM
OMA-3
--
(01) Claimant
(02) Fiscal Year Costs Were Incurred
(03) Meeting Name
(04) Department
(05) Time/Work Log
Reimbursable Activities
Date and Type
of Meetings
Employee
Names and Titles
Writing. Composing,
Drafting
Typing,
Word-processing
Editing,
Reviewing
Post
(at I location only)
Date I Time
Date I Time
Date I Time
Date I Time
(06) Certification:
I hereby certify the above activities and recording of time spent are true and correct.
Prepared by: Title Date
Signature: Page of
Revised 10/95
Chapter 641/86
State Controller's Office •
Mandated Cost Manual
MANDATED COSTS
OPEN MEETINGS ACT
TIMEIWORK DOCUMENTATION
FORM
OMA-3
(01) Claimant
(02) Fiscal Year Costs Were Incurred
(03) Meeting Name
.(04).
Department
(05) Time/Work Log
Reimbursable Activities
Date and Type
of Meetings
Employee
Names and Titles
Writing. Composing,
Drafting
Typing,
Word-processing
Editing,
Reviewing
Post
(at I location only)
Date I Time
Date I Time
Date ' I Time
Date Time
(06) Certification:
I hereby certify the above activities and recording of time spent are true and correct.
Prepared by: Title Date
Signature: Page of
Revised 10/95 Chapter 64118E
State ControlleYs Office - -Mandated Cost Manua
;r ANDATED COSTS FORM
M
- OPEN MEETINGS ACT = y — = > OMA-3
TIME/WORK DOCUMENTATION
(01) Claimant - (02) Fiscal Year Costs Were Incurred
(03) Meeting Name' - (04) Department
(05) Time/Work Log
Reimbursable Activities
Writing. Composing, Typing, Editing, Post
Drafting Word-processing Reviewing (at I location only)
Date and Type Employee _ _
of Meetings Names and Titles Date I Time Date-', ' Time Date I Time Date , Time
(06) Certification:
I hereby certify the above activities and recording of time spent are true and correct.
Prepared by: Title Date
Signature: Page of
Revised 10/95 Chapter 641186
i6ilies Office StAte Cont Mandated Cost Manu,
MANDATED COSTS
OPEN MEETINGS ACT -; a �..� �F, IN
TIME/WORK DOCUMENTATION
FORM
OMA-3
(01) Claimant
(02) Fiscal Year Costs Were Incurred
(03) Meeting Name-
-7!-
V
(64) 'Department
(05) -Time/Work Log
-Reimbursable Activities
DateandType
of Meetings
'Employee.
Namis and Titles
Writing. Composing,
Drafting
Typing,
Word-processing
Editing—
Reviewing
Post
(at I location only)
Date Time
D ate Time
Date Time
Date Time
(06) Certification:
I hereby certify the above activities and recording of time spent are true and correct.
Prepared by: Title Date
Signature: Page of
Revised 10/96
Chapter 64118E
0
's iii,.C6
ta ntrollees Office
Mandated Cost Manu.
MANDATED COSTS
OPEN MEETINGS ACT '
TIMEIWORK DOCUMENTATION
FORM
OMA-3
(01) Claimant
(02) Fiscal Year Costs Were Incurred
(03) Meeting Naiiie
(64)'bepartment
(05) Time/Work Log
f:jc :4 1
-.Reimbursable Activities
Date and Type
U Meetinis
-Employee.
'Names and
d Titles
Writing. Composing,
Drafting
Typing,
Word-processing
7. Editing,
Reviewing
Post
(at I location only)
Date -Time
Date ' Time
Date 'Time
Date Time
(06) Certification:
I hereby certify the above activities and recording of time spent are true and correct.
Prepared by: Title Date
Signature: Page of
Revised 10/95
Chapter 641/8(
•
•
State Controller's Office
"Mandated Cost Manu,
MANDATED COSTS;'_'=':=
OPEN MEETINGS ACTS
6 TIME/WORK DOCUMENTATION
FORM
OMA-3
(01) Claimant
(02) Fiscal Year Costs Were Incurred
(03) Meeting Name
(04)"Department
-
(05) Time/Work Log
Reimbursable Activities'-,
Date and Type
UMeetings
Employee
Names and Titles
Writing. Composing,
Drafting
Typing,
Word-processing
:-- Editing, .
Reviewing
Post
(at 1 location only)
Date Time
Date I Time
Date Time
Date Time
(06) Certification:
I hereby certify the above activities and recording of time spent are true and correct.
Prepared by: Title Date
Signature: Page of
Revised 10/95
Chapter 641/8E
State ontrolle'es Office
A
Mandated Cost Manua
MANDATED COSTS
OPEN MEETINGS ACT
TIME/WORK DOCUMENTATION
FORM
OMA-3
(01) Claimant
(02) Fiscal Year Costs Were Incurred
(03) Meeting Name' --Department'
(05) Time/WorkLog
Reimbursable Activities"'
Date and Type
of Meetings
.,"Employee.. .
Names and Titles
Writing. Composing,
Drafting
Typing.
Word-processing
Editing,:
Reviewing
Post
(at I location only)
Date Time
:-
DateTime
Date I Time
Date Time
(06) Certification:
I hereby certify the above activities and recording of time spent are true and correct.
Prepared by: Title Date
Signature: Page of
Revised 10/95
Chapter 641/86
Ll
•
State Controller's Office
Mandated Cost Man
MANDATED COSTS
OPEN MEETINGS ACT----::--=-' '
TIME/WORK DOCUMENTATION
FORM
OMA-3
(01) Claimant
(02) Fiscal Year Costs Were Incurred
(03) Meeting Name
(04) Department
(05) Time/Work Log
Reimbursable Activities -
Date and Type
of Meetings
_Employee
Names and Titles
Writing. Composing,
Drafting
Typing,
Word-processing
Editing,
Reviewing
Post
(at I location only)
Date I Time
Date I Time
Date Time
Date Ti,
(06) Certification:
I hereby certify the above activities and recording of time spent are true and correct.
Prepared by: Title Date
Signature: Page of
Revised 10/95 Chapter 641,
State Controller's Office Mandated Cost Man
MANDATED COSTS
OPEN MEETINGS ACT--
TIME/WORK DOCUMENTATION
FORM
OMA-3
(01) Claimant
(02) Fiscal Year Costs Were Incurred
(03) Meeting Name
(04) Department
(05) Time/Work Log
Reimbursable Activities
Date and Type
of Meetings
Employee.
Names and Titles
Writing. Composing,
Drafting
Typing,
Word-processing
Editing,
Reviewing
Post
(at I location only)
Date Time
Date I Time
Date I Time
Date I Ti,
(06) Certification:
I hereby certify the above activities and recording of time spent are true and correct.
Prepared by: Title Date
Signature: Page of
F
Revised 10/95
Chapter 641/;
State Controller's Office •
0 Mandated Cost Manual
MANDATED COSTS
OPEN MEETINGS ACT
TIMEIWORK DOCUMENTATION _ ...... .
FORM
OMA-3
(01) Claimant
(02) Fiscal Year Costs Were Incurred
(03) Meeting Name
(04) Department
(05) Time/Work Log
Reimbursable Activities
Date and Type
of Meetings
Employee
Names and Titles
Writing. Composing,
Drafting
Typing,
Word-processing
Editing,
Reviewing
Post
(at I location only)
Date I Time
Date ( Time
Date I Time
Date Time
(06) Certification:
I hereby certify the above activities and recording of time spent are true and correct.
Prepared by: Title Date
Signature: Page of
Revised 10/95 Chapter 641/86
State Controller's Office
• Mandated Cost Manual
MANDATED COSTS
OPEN MEETINGS ACT
TIME/WORK DOCUMENTATION
FORM
OMA-3
(01) Claimant
(02) Fiscal Year Costs Were Incurred
(03) Meeting Name
(04) . Department
(05) Time/Work Log
Reimbursable Activities
Date and Type
of Meetings
Employee
Names and Titles
Writing. Composing,
Drafting
Typing,
Word-processing
Editing,
Reviewing
Post
(at I location only)
Date I Time
Date I Time
Date � j, Time
Date I Time
i
(06) Certification:
I hereby certify the above activities and recording of time spent are true and correct.
Prepared by: Title Date
Signature: Page of
Revised 10/95 Chapter 641/86
State Controller's Office 0
0 Mandated Cost Manual
MANDATED COSTS
OPEN MEETINGS ACT
TIME/WORK DOCUMENTATION __ _.. __.. - -- _ -_ .___-
FORM
OMA-3
-
(01) Claimant
(02) Fiscal Year Costs Were Incurred
(03) Meeting Name
(04) Department
(05) Time/Work Log
Reimbursable Activities
Date and Type
of Meetings
Employee
Names and Titles
Writing. Composing,
Drafting
Typing,
Word-processing
Editing,
Reviewing
Post
(at I location only)
Date I Time
Date I Time
Date- Time
Date Time
I
I
i
(06) Certification:
I hereby certify the above activities and recording of time spent are true and correct.
Prepared by: Title Date
Signature: Page of
Revised 10/95 Chapter 64118E ,
State Controller's Office •
Mandated Cost Manual
MANDATED COSTS
OPEN MEETINGS ACT
TIMEIWORK DOCUMENTATION -
FORM
OMA-3
-
(01) Claimant
(02) Fiscal Year Costs Were Incurred
(03) Meeting Name
(04) Department
(05) Time/Work Log
Reimbursable Activities
Date and Type
of Meetings
Employee
Names and Titles
'
Writing. Composing,
Drafting
Typing,
Word-processing
Editing,
Reviewing
Post
(at 1 location only)
L)ate • isht
Date Time
Daze Time
Date Time
I
(06) Certification:
I hereby certify the above activities and recording of time spent are true and correct.
Prepared by: Title Date
Signature: Page of
Revised 10/95 Chapter 64118E
State Controller's Office •
• Mandated Cost Manual
MANDATED COSTS
OPEN MEETINGS ACT
TIMEIWORK DOCUMENTATION -
FORM
OMA-3
(01) Claimant
(02) Fiscal Year Costs Were Incurred
(03) Meeting Name
(04) Department
(05) Time/Work Log
Reimbursable Activities
Date and Type
of Meetings
Employee
Names and Titles
Writing. Composing,
Drafting
Typing,
Word-processing
Editing,
Reviewing
Post
(at I location only)
Date I Time
Date I Time
Date I Time
Date I Time
I
(06) Certification:
I hereby certify the above activities and recording of time spent are true and correct.
Prepared by: Title Date
Signature: Page of
Revised 10/95 Chapter 641/8E
State Controller's Office •
aMandated Cost Manual
MANDATED COSTS
OPEN MEETINGS ACT
TIME/WORK DOCUMENTATION -- --- .--- .. _...--- ..
FORM
OMA-3
_ ..
(01) Claimant
(02) Fiscal Year Costs Were Incurred
(03) Meeting Name
(04) Department
(05) Time/Work Log
Reimbursable Activities
Date and Type
of Meetings
Employee
Names and Titles
Writing. Composing,
Drafting
Typing,
Word-processing
Editing,
Reviewing
Post
(at I location only)
Date I Time
Date I Time
Date I Time
Date I Time
(06) Certification:
I hereby certify the above activities and recording of time spent are true and correct.
Prepared by: Title Date
Signature: Page of
Revised 10195 Chapter 641186 1
State Controller's Office •
Mandated Cost Manual
MANDATED COSTS
OPEN MEETINGS ACT
TIME/WORK DOCUMENTATION -
FORM
OMA-3
-
(01) Claimant
(02) Fiscal Year Costs Were Incurred
(03) Meeting Name
(04) Department
(05) Time/Work Log
Reimbursable Activities
Date and Type
of Meetings
Employee
Names and Titles
Writing. Composing,
Drafting
Typing,
Word-processing
Editing,
Reviewing
Post
(at 1 location only)
Date I Time
Date I Time
Date I Time
Date I Time
(06) Certification:
I hereby certify the above activities and recording of time spent are true and correct.
Prepared by: Title Date
Signature: Page of
Revised 10/95 Chapter 641/86
State Controller's Office &
Mandated Cost Manual
MANDATED COSTS
OPEN MEETINGS ACT
TIMEIWORK DOCUMENTATION __ ._. - -- - __ . -
FORM
OMA-3
(01) Claimant
(02) Fiscal Year Costs Were Incurred
(03) Meeting Name
(04) Department
(05) Time/Work Log
Reimbursable Activities
Date and Type
of Meetings
Employee
Names and Titles
Writing. Composing,
Drafting
Typing,
Word-processing
Editing,
Reviewing
Post
(at I location only)
Date I Time
Date I Time
Date I Time
Date I Time
I
i
(06) Certification:
I hereby certify the above activities and recording of time spent are true and correct.
Prepared by: Title Date
Signature: Page of
Revised 10/95 Chapter 64118E
State Controller's Office .
• Mandated Cost Manual
MANDATED COSTS
OPEN MEETINGS ACT
TIMEIWORK DOCUMENTATION _.... ._. _. ._...
FORM
OMA-3
(01) Claimant
(02) Fiscal Year Costs Were Incurred
(03) Meeting Name
(04) Department
(05) Time/Work Log
Reimbursable Activities
Date and Type
of Meetings
Employee
Names and Titles
Writing. Composing,
Drafting
Typing,
Word-processing
Editing,
Reviewing
Post
(at I location only)
Date I Time
Date I Time
Data" I Time
Date Time
(06) Certification:
I hereby certify the above activities and recording of time spent are true and correct.
Prepared by: Title Date
Signature: Page of
Revised 10/96 Chapter 641186
Page 6 - 12/01 /97 - Cou*Agency Agenda • (6)
contract cost of $399,397.71 and authorize the City Clerk to file the Notice of
Completion with the Orange County Recorder. Submitted by the Public Works Director
[Approved 7-0]
E-7. (City Council) Authorization To Use Budaeted Contract Funds And Existina Contracts
With SFA, Inc. And EsGil, Inc. - To Perform Plan Review And Staffing Services
(600.10) - Approve and authorize the use of budgeted contract funds in Program CD-234
to provide professional plan review and staffing services, using existing contracts with SFA,
Inc. and EsGil, Inc. Submitted by the Community Development Director
[Approved 7-0]
E-8. (City Council) Approve Notice Of Completion - For Talbert Avenue Highway
Rehabilitation - Between Gothard & Newland Streets - CC-900 - Excel Paving -
Company (600.50) - Accept the improvements placed on Talbert Avenue between
Gothard Street and Newland Street; CC-900 completed by Excel Paving at a final cost
of $357,994.64 and authorize the City Clerk to file a Notice of Completion with the
Orange County Recorder. Submitted by the Public Works Director
[Approved 7-0]
E-9. (City Council) Approve Acquisition Of Prooertv From Frost/Robrecht For (New
Gothard Street Right-Of-Wav - Between Garfield Avenue & Clav Street - Holly-
Seacliff Development Agreement - APN 110-150-19.20 (650.80) - 1. Approve the
acquisition of Assessor Parcel No. 110-150-19, 20; 2. Authorize approval of the
escrow instructions by Administrative Services; and 3. Accept the easement deed
from Frost/Robrecht for the parcel described herein and authorize acceptance by the
City Clerk with recording to follow through indicated escrow. Submitted by the Deput
City Administrator -Administrative Services Director
[Approved 7-01
E-10. (City Council) Aoorove Aareement Between The Citv And Kinkle. Rodiaer & Soriaas
Attorneys At Law - Mamola v. Lowenberg, et al OCSC Case No. 77 74 88 - Accept
Increased Insurance Deductible (600.10)- Approve Agreement between the City of
Huntington Beach and Kink/e, Rodiger & Spriggs, Attorneys at Law, for Legal Services
Regarding Mamola v. Lowenberg, et a/, to represent the individual city defendants at an
hourly rate of $135.00; approve an insurance deductible of $50,000, and authorize the Mayor
to sign and the City Clerk to attest to the contract. Submitted by the City Attorney
[Approved 7-0]
E-11. (City Council) Approve Assistance Of David M. Griffith & Associates, Ltd. To The Cit
In Filina Claims For State -Mandated Cost Reimbursements - Agreement Between City
& David Griffith & Associates (600.10) - Approve and authorize execution of the
Agreement between the City of Huntington Beach and David M. Griffith and Associates, Ltd.
for Preparation and Filing of Claims for State Mandated Cost Reimbursements. Submitted by
the Deputy City Administrator -Administrative Services Director
[Approved 7-0]
E-12. (City Council) Approve Contract For Executive Search Consultant For The
Recruitment Of City Administrator - Hughes, Perry & Associates (600.10) -1. Waive
the Professional Liability Insurance & indemnification clauses in the contract; and 2. Approve
the Professional Services Contract between the City of Huntington Beach and Hughes, Perry
(6)
sew-.
Council/Agency Meeting Held: z /4 /2�z
Deferred/Continued to:
® Approved ❑ Conditionally Approved ❑ Denied
City Clerk's gnature
cr
Council Meeting Date: December 1, 1997
Department ID Number: AS 97-044
CITY OF HUNTINGTON BEACH_ x
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
7;
SUBMITTED BY: RAY SILVER, Acting City Ad ministrator�e� ---
PREPARED BY: ROBERT J. FRANZ, Deputy City Administrato
SUBJECT: APPROVE ASSISTANCE OF DAVID M GRIFFIT & ASSO ES
TO THE CITY IN FILING CLAIMS FOR STATE -MANDATED COST
REIMBURSEMENTS
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s
Statement of Issue: For the past several years, the City has contracted with the firm of
David M. Griffith and Associates to assist in State Mandated Costs Claim Preparation. The
City has been successful in retrieving nearly 100% of the claimed costs, including all of the
expense incurred for the cost of this contractual service. Once again, the City is faced with
several complex and potentially significant revenue -generating claims. Therefore, we feel it
appropriate to recommend entering into a similar agreement with the same firm and ensuring
the maximization of the City's return.
Funding Source: General Fund Non -Departmental Contingency
Recommended Action: Approve the agreement with David M. Griffith. and Associates
Alternative Action(s): File the particular claims without the use of outside assistance.
Analysis: The League of California Cities recently reminded Cities to pay attention to this
potentially significant funding resource and specifically endorsed the services of Griffith and
Associates for their expertise and in-depth assistance available to Cities. It has become
increasingly more difficult to forecast the timing and/or the dollar amount of requested claims
to be reimbursed. When there are shortfalls in anticipated State revenues, Mandated Claim
Reimbursements to Cities are often reduced. Governmental entities generally receive 80%
of a claim within twelve months of filing, considering that there have been no "adjustments"
by auditors. Any deviations from "acceptable claim format" are very likely to be the subject
of substantial reductions in reimbursement. It is recommended that the City utilize the firm of
David M. Griffth to assist us in the current claim filing process. Their many years of
*QUEST FOR COUNCIL ACAN
MEETING DATE: December 1, 1997. DEPARTMENT ID NUMBER: AS 97-044
experience in this highly specialized field has ensured. their clients of the maximum return in
requested claim reimbursement. Also, their assistance can be invaluable in the event of an
audit.
The only City obligation under the recommended contract would be a fixed fee of $5,500
which would be payable within 30 days following submission of the Claims to the State
Controller.
Environmental Status: Not applicable.
Attachment(s):
1. Agreement with David M. Griffith and Associates
2. City's. Historical Claim/Reimbursement Experience with Consultant
3. Certificate Of Insurance
RCASB90.DOC -2- 11/13/97 3:16 PM
ATTACHMENT 1
0019517.01
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND DAVID M. GRIFFITH AND ASSOCIATES, LTD. FOR
PREPARATION AND FILING OF CLAIMS FOR STATE
MANDATED COST REIMBURSEMENTS.
Table of Contents
1
Work Statement........................................................................................................1
2
City Staff Assistance.................................................................................................1
3
Time of Performance................................................................................................2
4
Compensation...........................................................................................................2
5
Extra Work................................................................................................................2
6
-Method of Payment...................................................................................................2
7
Disposition of Plans, Estimates and Other Documents............................................4
8
Indemnification and Hold Harmless.........................................................................4
9
Workers' Compensation............................................................................................4
10
Insurance...................................................................................................................5
11
Certificates of Insurance..........................................................................................5
12
Independent Contractor............................................................................................6
13
Termination of Agreement.......................................................................................6
14
Assignment and Subcontracting..............................................................................7
15
Copyrights/Patents...................................................................................................7
16
City Employees and Officials..................................................................................7
17
Notices.....................................................................................................................7
18
'Immigration ..............................................................................................................8
19
Entirety.....................................................................................................................8
4/s:PCD:Agree:Griff96
11/4/97
•
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND DAVID M. GRIFFITH AND ASSOCIATES, LTD. FOR
PREPARATION AND FILING OF CLAIMS FOR STATE
MANDATED COST REIMBURSEMENTS.
THIS AGREEMENT, made and entered into this 1.57- day of
1997, by and between the City of Huntington Beach, a municipal corporation of the State of
California, hereinafter referred to as "CITY", and DAVID M. GRIFFITH, LTD., an Illinois
corporation registered in California, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY desires to engage the services of a consultant to prepare and file
Claims for State Mandated Cost Reimbursement in the City of Huntington Beach; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
HBMC Chapter 3.03 relating to procurement of professional service contracts has been complied
with; and
CONTRACTOR has been selected to perform said services,
NOW, THEREFORE, it is agreed by CITY and CONTRACTOR as follows:
WORK STATEMENT
CONTRACTOR shall provide all services as described CONTRACTOR's
Mandated Cost Claiming Services, hereinafter referred to as Exhibit "A", which is attached
hereto and incorporated into this Agreement by this reference. Said services shall sometimes
hereinafter be referred to as "PROJECT."
CONTRACTOR hereby designates Allen Burdick, or other delegated representative, who
shall represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONTRACTOR in the
performance of this Agreement.
4:s: PCD:Agree:Griff-97
11/4/97
RLS 97-843
3. TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of the CONTRACTOR
are to commence as soon as practicable after the execution of this Agreement and all tasks
specified in Exhibit "A" shall be completed within the filing time requirements established by the
State Controller's office. The time for performance of the tasks identified in Exhibit "A" are
generally to be shown in the Scope of Services on the Work Program/Project Schedule. This
schedule may be amended to benefit the PROJECT if mutually agreed by the CITY and
CONTRACTOR and not in conflict with filing deadlines of the State Controller's office.
4. COMPENSATION
In consideration of the performance of the services specified in Exhibit "A" CITY
agrees to pay CONTRACTOR as described in Section 3 of Exhibit "A," entitled "Costs and
Method of Payment."
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A," or
changes in the scope of services described in Exhibit "A," CONTRACTOR will undertake such
work after receiving written authorization from CITY. Additional compensation for such extra
work shall be allowed only if the prior written approval of CITY is obtained.
A. CONTRACTOR shall be entitled to payments in accordance with the
payment schedules set forth in Exhibit "A".
B. Delivery of work product: A copy of every technical memo and report
prepared by CONTRACTOR shall be submitted to the CITY to demonstrate progress toward
completion of tasks. In the event CITY rejects or has comments on any such product, CITY
shall identify specific requirements for satisfactory completion. Any such product which has not
been formally accepted or rejected by CITY shall be deemed accepted.
4: s:PCD:Agree:Griff-97
11/4/97
RLS 97-843
C. The CONTRACTOR shall submit to the CITY an invoice for each
progress payment due. Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of the
CONTRACTOR's firm that the work has been performed in
accordance with the provisions of this Agreement; and
5) For all payments include an estimate of the percentage of work
completed.
Upon submission of any such invoice, if CITY is satisfied that
CONTRACTOR is making satisfactory progress toward completion of tasks in accordance with
this Agreement, CITY shall promptly approve the invoice, in which event payment shall be made
within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be
unreasonably withheld. If the CITY does not approve an invoice, CITY shall notify
CONTRACTOR in writing of the reasons for non -approval, within seven (7) calendar days of
receipt of the invoice, and the schedule of performance set forth in Exhibit "A" shall be
suspended until the parties agree that past performance by CONTRACTOR is in, or has been
brought into compliance, or until this Agreement is terminated as provided herein.
D. Any. billings for extra work or additional services authorized by CITY
shall be invoiced separately to the CITY. Such invoice shall contain all of the information
required above, and in addition shall list the hours expended and hourly rate charged for such
time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
4:s:PCD:Agree:Griff-97
11/4/97
RLS 97-843
• 0
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate
and apart from the ongoing performance of the remainder of this Agreement.
:7. DISPOSITION OF DOCUMENTS
CONTRACTOR agrees that all materials prepared hereunder shall be. turned over
to CITY upon termination of this Agreement or upon PROJECT completion, whichever shall
occur first. In the event this Agreement is terminated, said materials may be used by CITY in the
completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the CITY
upon payment of fees determined to be earned by CONTRACTOR to the point of termination or
completion of the PROJECT, whichever is applicable. CONTRACTOR shall be entitled to
retain copies of all data prepared hereunder.
8. HOLD HARMLESS
CONTRACTOR shall protect, defend, indemnify and hold harmless CITY, its
officers, officials, employees and agents from and against any and all liability, loss, damage,
expenses, costs (including without limitation costs and fees of litigation of every nature) arising
out of or. in connection with performance of this Agreement or its failure to comply with any of
its obligations contained in this Agreement, except such loss or damage which was caused by the
sole negligence or willful misconduct of the CITY.
9. WORKERS COMPENSATION
CONTRACTOR shall comply with all of the provisions of the Workers'
Compensation Insurance and Safety Acts of the State of California, the applicable provisions of
Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar sate or
federal acts or laws applicable; and shall indemnify, defend and hold harmless CITY from and
against all claims, demands, payments, suits, actions, proceedings and judgments of every nature
and description, including attorneys' fees and costs presented, brought or recovered against
4
4:s:PCD:Agree:Griff-97
11/4/97
RLS 97-843
CITY, for or on account of any liability under any of said acts which may be incurred by reason
of any work to be performed by CONTRACTOR under this Agreement.
10. PROFESSIONAL LIABILITY INSURANCE
CONTRACTOR shall furnish a professional liability insurance policy covering
the work performed by it hereunder. Said policy shall provide.coverage for CONTRACTOR'S
professional liability in an amount not less than $1,000,000 per occurrence and in the aggregate.
A claims made policy shall be acceptable if the policy further provides that:
The policy retroactive date coincides with or precedes the professional services
CONTRACTOR'S start of work (including subsequent policies purchased s
renewals or replacements).
2. CONTRACTOR will make every effort to maintain similar insurance during the
required extended period of coverage following project completion, including the
requirement of adding all additional insureds.
3. If insurance is terminated for any reason, CONTRACTOR agrees to purchase an
extended reporting provision of at least two (2) years to report claims arising from
work performed in connection with this Agreement.
4. The reporting of circumstances or incidents might give rise to future claims.
Under no circumstances shall this insurance contain a self -insured retention, or a
"deductible" or any other similar form of limitation on the required coverage in excess of
$ 6�) k
OF I► • .
Prior to commencing performance of the work hereunder, CONTRACTOR shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this Agreement; said certificates shall:
4:s:PCD:Agree:Griff-97
11/4/97
RLS 97-843
a. provide the name and policy number of each carrier and policy;
b. shall state that the policy is currently in force; and
C. shall promise that such policies shall not be suspended, voided or canceled by
either party, reduced in coverage or in limits except after thirty days prior written notice;
however, ten days prior written notice in the event of cancellation for nonpayment of
premium.
CONTRACTOR shall maintain the foregoing insurance coverages in force until the work
under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate from
the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or
its representative shall at all times have the right to demand the original or a copy of all said
policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums
on all insurance hereinablve required.
12. INDEPENDENT CONTRACTOR
CONTRACTOR is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor. CONTRACTOR shall secure at its expense, and be
responsible for any and all payment of all taxes, social security, state disability insurance
compensation, unemployment compensation and other payroll deductions for CONTRACTOR
and its officers, agents and employees and all business licenses, if any, in connection with the
services to be performed hereunder.
:� Q4- • • M
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONTRACTOR's services hereunder at any time with or without
cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by
CITY shall be made in writing, notice of which shall be delivered to CONTRACTOR as
provided herein.
4:s:PCD:Agree:Griff-97
11/4/97
RLS 97-843
I' WVIIN•
This Agreement is a personal service contract and the supervisory work hereunder
shall not be delegated by CONTRACTOR to any other person or entity without the consent of
CITY.
15. COPYRIGHTS/PATENTS
CONTRACTOR shall not apply for a patent or copyright on any item or material
produced as a result of this Agreement, as set forth in 41 CFR 1-9.1.
16. CITY EMPLOYEES AND OFFICIALS
CONTRACTOR shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of California Government Code §§1090, et
seq.
17. NOTICES
Any notice or special instructions required to be given in writing under this
Agreement shall be given either by personal delivery to CONTRACTOR's agent (as designated
in Section 1 hereinabove) or to CITY's Director of Administrative Services as the situation shall
warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same
in the United States Postal Service, addressed as follows:
TO CITY: TO CONTRACTOR:
Robert Franz, Deputy City Administrator
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
4:s:PCD:Agree:Griff-97
11/4/97
RL5 97-843
David M. Griffith and Associates, Ltd.
4320 Auburn Blvd., Suite 2000
Sacramento, CA 95841
18. IMMIGRATION
CONTRACTOR shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions
of the 8 U.S.C. § 1324 regarding employment verification.
19. ENTIRETY
The foregoing, and Exhibit "A": attached hereto, set forth the entire Agreement
between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
DAVID M. GRIFFITH & ASSOCIATES, CITY OF HUNTINGTON BEACH, A
LTD., municipal corporation of the State of
California
E j r
V 1 CO—Yye- s � gay Mayor
print name y
ITS: (circle one) Chairman/Presiden ` ice Preside ATTEST:
AND
By:
print name
ITS: (circle one Secretai /Chief Financial
Officer Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
Cit Administrator
4:s: PCD:Agree:Griff-97
11 /4/97
RLS 97-843
City Clerk
APPROVED AS TO FORM:',
8
Exhibit "A"
Mandated Cost Claiming Services
-The City of Huntington Beach (hereinafter "City") and David M. Griffith & Associates, Ltd.
(hereinafter "Consultant") jointly agree as follows:
1. Scope of Services
The Consultant shall prepare claims for reimbursable state mandated costs as provided
herein.
A. , Annual State Mandated Cost Reimbursement Claims
The Consultant shall prepare and file applicable actual annual state mandate cost
reimbursement claims for the 1996-97 fiscal year and estimated claim(s) for the 1997-98
fiscal year. The following is a list of eligible claims:
(1) Open Meetings Act as specified in Chapter 641, Statutes of 1986.
(2) Business License Tax Reporting as specified in Chapter 1490, Statutes of 1984.
(3) Absentee Ballots as specified in Chapter 77, Statutes of 1978.
(4) Mandate Reimbursement Process as specified in Chapter 486, Statutes of 1975
and Chapter 1489, Statutes of 1984.
(5) Firefighter Cancer Presumption as specified in Chapter 1568, Statutes of 1982.
(6) Peace Officer Cancer Presumption as specified in Chapter 1171, Statutes of 1989.
(7) Stolen Vehicle Notification as specified in Chapter 337, Statutes of 1990.
(8) Rape Victim Counseling Center Notices as specified in Chapter 999, Statutes of
1991.
(9) Law Enforcement Inmate AIDS Testing as specified in Chapter 1579, Statutes of
1988 and Chapter 768, Statutes of 1991.
(10) Misdemeanors: Booking and Fingerprinting as specified in Chapter 1105,
Statutes of 1992.
Exhibit "A"
Page 1 of 4
4/s:PCD:Agree: Griff96
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(11) Other claims: The Consultant may also file additional claims if any such eligible
claims remain.
The fiscal year 1996-97 actual claims to be filed are claims that are included in the State
Controller's Claiming Instructions that provide for timely filed claims to be submitted by
November 30, 1997.
B. All Other Claims for Which Claiming Instructions Are Issued in FY 1997-98
With the exception of the claims in Scope of Services I.A. above, the Consultant shall
prepare, submit and file on the City's behalf, all other applicable actual and estimated
State mandated cost reimbursement claims for which State Controller Claiming
Instructions are issued in the 1997-98 fiscal year. These claims include the following:
(1) 1997 Annual Claims Bill claims - These include all applicable eligible claim(s)
authorized or funded by SB 91 (Thompson) of the 1997 California Legislative
Session and/or any other 1997 California legislation containing an appropriation
for state mandated cost reimbursement claims.
(2) Other New State Mandated Cost Reimbursement Claims - With the exception of
the claims contained in Scope of Services I.A. and 1.B.(1) above, these claims
include all eligible actual and estimated reimbursement claims authorized for
filing pursuant to State Controller Claiming Instructions which are issued during
the 1997-98 fiscal year.
2. Consultant Claim Filing Requirements
The Consultant shall file these claims to the extent that appropriate documentation is
available and verifiable. The City explicitly acknowledges that the Consultant does not
warrant under Scope of Services that claims will be filed for all of the applicable
mandates listed.
3. Costs and Method of Compensation
A. Scope of Services 1.A. - Annual State Mandated Cost Reimbursement
Claims
For all of the above services provided pursuant to Scope of Services 1.A., the
City agrees to pay the Consultant upon submission of the claims to the State
Controller, a fixed fee of five thousand five hundred dollars ($5,500.00). The
fixed fee shall be due upon receipt of Consultant's invoice following submission
of such claims.
Exhibit "A"
Page 2 of 4
4/s: PCD:Agree:Griff96
1 /4/97
B. Scope of Services 1.11. - Annual Claims Bill Claims and All Other New
Claims for Which Claiming Instructions are Issued in FY 1997-98
At its discretion, the City shall at the time of contract execution, select either of
the two methods of compensation described below. Selection of the preferred fee
and payment arrangement shall be made by checking the appropriate box
adjacent to the preferred option.
OPTION 1: Fixed Fee Arrangement
For all the above services provided pursuant to Scope of Services 1.B.(1)
and (2), the City agrees to pay the Consultant upon submission of the
claims to the State Controller, a fixed fee of four thousand dollars
$4,000.00). The fixed fee shall be due upon receipt of Consultant's
invoice following submission of such claim(s).
OPTION 2: Contingent Fee Arrangement
For all of the above services provided pursuant to Scope of Services
1.B.(1) and (2), the City agrees to pay the Consultant a fee equal to thirty
percent (30%) of all claim(s) filed and paid by the State to a maximum of
four thousand five hundred dollars ($4,500.00). If the amount of
Consultant filed claims is less than one thousand six hundred and sixty-
seven dollars ($1,677.00), the City shall pay the consultant a fixed fee of
five hundred dollars ($500.00). Payment for contingent claiming shall be
made from monies actually received from the State resulting from the
Consultant's efforts. Monies received shall be defined as actual payments
resulting from the Consultant's filing of actual and estimated state
mandated cost reimbursement claim(s) listed in Scope of Services 1.B.(1)
and (2). The fee, which in no case shall exceed the maximum amount, is
due within thirty days of City receipt of reimbursement from the State.
4. Services and Materials to be Furnished by the Ci
The Consultant shall provide guidance to the City in determining the data required for
claims submission. The Consultant shall assume all data so provided to be correct. The
City further agrees to provide all specifically requested data, documentation and
information to the Consultant in a timely manner. Consultant shall make its best effort
to file claims in a timely manner pursuant to Scope of Services. Consultant shall not be
liable for claims that cannot be filed as a result of inadequate data or data provided in an
untimely manner. For purposes of this Agreement, data that is requested by the
Consultant must be provided within three weeks of the request, or three weeks prior to
the filing deadline, whichever would come first, to be deemed to have been received in a
timely manner. It is the responsibility of the City to provide the Consultant with
Exhibit "A"
Page 3 of 4
4/s:PCD:Agree:Grif196
11/4/97
0 0
payment information upon receipt of disbursements from the State for any and all claims
filed pursuant to this agreement.
5. Not Obligated to Third Parties
The City 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 City employees or representatives is accurate and complete. Any
subsequent disallowance of funds paid to the City under the claims for whatever reason
is the sole responsibility of the City.
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 City 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 City.
8. Consuftant Assistance if Audited
If audited, the Consultant shall make workpapers and other records available to the State
auditors. If requested by the City, the Consultant shall provide assistance to the City in
defending claims submitted if an audit results in a disallowance of at least twenty percent
(20%) or seven hundred fifty dollars ($750.00), whichever is greater. Reductions of less
than twenty percent (20%) or seven hundred fifty dollars ($750.00) shall not be
contested by the Consultant.
9. 01y Contact Person
The City designates the following individual as contact person for this contract:
Name: Arnold Ross Telephone: (714) 536-5238
Title: Senior Accountant Fax: (714) 374-1571
Address: City of Huntington Beach, Dept. of Administrative Services
2000 Main Street, Huntington'Beach, CA 92648
Exhibit "A"
Page 4 of 4
4/s:PCD:Agree:Griff96
f f/4/97
s
ATTACHMENT 2
0019517.01
SB 90 State Mandated Claims
Prepared w/Assistance of D. M. Griffith
Recent Historical Experience
Titlerof
Fiscal
Estimated
Amount
Amount
Date of
Claim ,
Year
or Actual
Requested
Received
Receipt
Mandated
93/94
A
15,791
15,791
7/05/96
Claim Costs
94/95
E
12,500
12,500
*
4/28/95
95/96
E
7,500
7,500
2/06/96
Bus. Tax
92/93
A
41,879
41,879
4/28/95
Reporting
93/94
A
10,149
10,149
11/13/95
94/95
E
8,000
8,000
*
3/13/95
95/96
E
9,000
3,389
**
2/06/96
Open Meetings
85/86 thru
89/90
A
96,276
63,647
***
7/01/96
91/92
A
28,484
8,938
***
7/01/96
92/93
A
30,034
***
93/94
A
33,909
***
94/95
E
32,366
95/96
E
26,000
Stolen Vehicles
92/93
A
4,663
2,816
**
10/09/96
93/94
A
4,847
2,997
**
10/09/96
94/95
A
3,997
2,370
**
10/09/96
95/96
E
3,000
1,794
**
10/09/96
* State Controller has yet to complete review and release funds on these 94/95 Actuals
* * Incomplete State appropriation has allowed but a partial payment of these Claims
*** City & Consultants are currently disputing State's Disposition on these Claims
ATTACHMENT 3
0019517.01
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THIS Is TO CIRnw THAT IWI PONAEs C/ INSUAANCI usum BILOW NAVII sum iuutD TO TN@ im%umw r1A11ED ARM FOR 7}1H POuey pmao
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CERYi CATS HOLDER.. CANCELLATION
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ACQRD 324 MUM ®ACORO CORPORAT]ON 19H8-
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POLICY NUMBER: dsUUNZL1=10 COMMERCIAL GENERAL LIARI'LiTY'
CO 90 10 10 93
THIS EN,DdRSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ArOnONAL INSURED OWNERS, LESSEES OR
CONTRACTORS.(FORM B)
This endorsement modifies imuranoe provided utldar the following:
COMMERCIAL GENERAL LIABILITY COVIRAGil :AAT
SCHEDULE
Name of parson or, Organitstion;
CX.TY OF W NTIMTON 2MCH, ZTS AGERrS, OPPXCZP-5 AND RNPZ.OYEEB
200 X&R .921JURT
11UNT1'NGT0N BEACH CA 92948
(If no emW appears above. Information topuired to complete this endorsement will be shown In the Dectara-
Lions as epplicablo to this endorosenent.)
WHO t$ AN INSURED (Section 11) is amended to Include as en insured the person or orgenizadon shown In
th@ Schedule, but only with teapeet to liability arising out of your ondoing operations performed for that In-
sured. ,
ZN8UR1bD:
DAV.rD M GRZTFZMX.6 ASSOCTATZB LTD.
630.DUNDEE ROAD 5177.2E #200
MaT,N,8RWR AL 60062
PRODUCEn j
AsiMCTATED A SNCZES XNC
TXRZX CONTINENTAL TOMS
1702 COLS ROAD SUZTZ #700
Rolling Neadows-ZL 60008-6267
CQ �010 90 8a'
Copyright, Insurance Services Offlcs. trio., 1903
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CALIFOR N[A 92648
CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE
CITY COUNCIL/REDEVELOPMENT AGENCY APPROVED ITEM
DATE: j ec em.d e."e— //, / 9 9 7'
TOJ&1-6 /V
Name
3Y,M
City, State, Zip
See Attached Action Agenda Item
Z—//
ATTENTION: ' 7ql JCJ[J.ed
DEPARTMENT: PeS/aC'w
REGARDING: 7-6
lor--/LL eL191IM5 AeAl
0-rR E `7'YJR1y�fI-7-E,0 eOLS%
Date of Approval /=2.� 4 7
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records.
(� �&&kt'7
Connie Brockway
City Clerk
Attachments: Action Agenda Page ✓ Agreement ✓ Bonds Insurance
RCA Deed Other
Remarks:
CC: FQf}N
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Nam��jj ,�
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Department
/ mm/. Ger- /.
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7
Agreeme}n
✓
Insurance
Name
Department
RCA
Agreement
Insurance
Name Department RCA
Risk Management Department Insurance Copy
Agreement Insurance
Others
0",47,
G: Followup/agrmts/trans]tr
Telephone: 714-536-5227