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HomeMy WebLinkAboutR-94-0006d-94-49 1/4/94 RESOLUTION NO. 94- 6 A RESOLUTION, WITH ATTACHMENT, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FIRM OF DAVID M. GRIFFITH & ASSOCIATES, LTD., TO PREPARE A CENTRAL SERVICES COST ALLOCATION PLAN FOR THE PURPOSE OF RECOVERING OVERHEAD COSTS FROM GRANTS FOR FISCAL YEAR 1993; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $15,000, FROM SPECIAL PROGRAMS AND ACCOUNTS, ACCOUNT NO. 921002-270. WHEREAS, the City of Miami is a recipient of various federal grants; and WHEREAS, Federal regulations allow the City to recover administrative costs from federal grants through a Central Services Allocation Plan; and WHEREAS, in prior years, David M. Griffith & Associates, Ltd. had been selected, after competitive negotiations for the procurement of professional services, which were conducted by the Finance Department; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference ACCNI E7N7r�� o. .! 14 �"4 , .Mtn =" L:1 CITY CC *9MSIdx KEETING OF JA: N 4 3 1994 Resolution No. 94- 6 thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to execute an Agreement, in substantially the attached form, with the firm of David M. Griffith and Associates, Ltd., to prepare a Central Services Cost Allocation Plan for the purpose of recovering overhead costs from grants for fiscal year 1993, with funds therefor hereby allocated, in an amount not to exceed $15,000, from Special Programs and Accounts, Account No. 921002-270. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 13th day of January 1994. S PHEN P. CL RK, MAYOR T: MATTY HIRAI CITY CLERK BUDGETARY REVIEW: MANOHAR S. S R ASSISTANT CITY AGER PREPARED AND APPROVED BY: RAFAEL 0. DIAZ DEPUTY CITY AT ROD:csk:M4083 EY -2- FINANCIAL REVIEW: CARL E. GARCIA, DIRECTOR DEPARTMENT OF FINANCE APPROVED AS TO FORM AND CORRECTNESS: A. QU NN d ES, III CITY AT 7 NEY 94- 6 PROFESSIONAL SE ICES -kG_REMENT This Agreement entered into as of the day of 1994, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY" and David M. Griffith & Associates, Ltd., an Illinois Corporation, hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, the CITY requires professional services in the nature of a Central Services Cost Allocation Plan for fiscal year 1992-1993; and WHEREAS, the CONSULTANT has expressed a desire to perform a Central Services Cost Allocation Plan; and WHEREAS, the City Commission authorized the City Manager to negotiate and execute a professional services agreement by Resolution No. NOW, THEREFORE, THE CITY AND CONSULTANT agree as follows: I. TERM: The term of this Agreement shall be from Januar through September 30, 1994. II. BASIC SERVICES• The CONSULTANT shall perform the work called for under Item II, below commencing upon execution of this Agreement. i 94- 6 (1) (2) (3) (4) (5) (6) (7) The CONSULTANT shall submit a draft of the Cost Allocation Plan within sixty (60) days of project initiation (start date) and shall monitor first year recoveries to ensure all allowable recoveries are realized. The CONSULTANT shall provide the following professional services as part of this Agreement: Review current federally funded City programs and evaluate the contribution of central services for their support. Review current enterprise operations and evaluate the contributions of central services to their support. Review City central service expenses that can be allocated to an indirect cost pool. Based on the reviews mentioned above, prepare a Central Services Cost Allocation Plan that meets current federal guidelines. CONSULTANT shall negotiate and have accepted by the cognizant federal agency the Central Servic',es Cost Allocation Plan. Negotiations shall be substantiated with comprehensive work papers, which shall become the property of the City. Provide instruction sessions with CITY personnel to ensure the perpetuation of the plan and to enable the CITY to annually update the indirect cost rate proposals in the most efficient manner. Monitor first year recoveries to ensure ?t11 allowable recoveries are realized. 4 -2- 94- COMPENSATION: (A) The CITY shall pay the CONSULTANT, as maximum compensation for the services required in Section II inclusive of out-of- pocket expenses, as provided in Paragraph B hereof, a fee of $15,000. (B) CONSULTANT'S fees will be paid as follows: 50% within 30 days of delivery of the Cost Allocation Plan; 50% within 30 days of notice of completion of report to cognizant agency. (C) CITY shall have the right to review and audit the time records and related records of CONSULTANT pertaining to any payment by CITY. IV. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS: Both parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and Local Government. V. GENERAL CONDITION: A. All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, "or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to -time. Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after -3- 9 4 - being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI City of Miami Director of Finance 300 Biscayne Blvd. Way Suite 210 Miami, Florida 33131 CONSULTANT David M. Griffith & Associates, Ltd. 1621 Metropolitan Blvd. Suite 201 Tallahassee, Florida 32308 B. Title and Paragraph headings are for convenient reference and are not part of this Agreement. C. In the event of confrict between terms of this Agreement and any terms or conditions contained in any attached documents, the terms in this Agreement shall rule. D. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. E. Should any provision, paragraphs, sentences, words or phrases contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws; -or if not modifiable to conform with such laws, then,same shall be deemed severable, and in either event, the remaining terms _4 94- 6 and provisions of this Agreement shall remain unmodified and in full force and effect. VI. OWNERSHIP OF DOCUMENTS: All documents developed by CONSULTANT under this Agreement shall be delivered to CITY by said CONSULTANT upon completion of the services required pursuant to Paragraph II, hereof, and shall become the property of CITY, without restriction or limitation on its use. CONSULTANT agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and CONSULTANT shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, map, contract documents, reports or any other matter whatsoever which is given by CITY to CONSULTANT pursuant to this Agreement shall at all times remain the property of CITY and shall not be used by CONSULTANT for any other purposes whatsoever without the written consent of CITY. VII. NONDELEGABILITY: The obligations undertaken by CONSULTANT" pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall, first consent in writ tg to the performance or assignment of such service or any part -5- 9 4 - 6 thereof by another person or firm. VIII. AUDIT RIGHTS CITY reserves the right to audit the records of CONSULTANT at any time during the performance of this Agreement and for a period of one year after final payment is made under this Agreement. IX. AWARD -OF -AGREEMENT CONSULTANT warrants that he/she has not employed or retained any person employed by the CITY to solicit or secure this Agreement and that he/she has not offered to pay, paid, or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from the award of this Agreement. X. CONSTRUCTION OF AGREEMENT: This Agreement shall be construed and enforced according to the laws of the State of Florida. XI. SUCCESSORS AND ASSIGN: This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. 4 94- 6 -6- XII. INDEMNIFICATION.: i CONSULTANT shall indemnify and save CITY harmless from and against any and all claims, liabilities, losses, and causes I of action which may arise out of CONSULTANT'S activities under this Agreement, including all other acts or omissions to act on the part of CONSULTANT, including any person acting for or on his/her behalf, and, from and against any orders, judgements, or decrees which may be entered and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. XIII. CONFLICT OF INTEREST: A. CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, in the work product: of this Agreement with the City. CONSULTANT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of CONSULTANT or its employees, must be disclosed in writing to CITY. B. CONSULTANT is aware of the conflict of interest laws of, the City of Miami (City of Miami Code Chapter 2, Article V), -7- 94- s Dade County Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. XIV. INDEPENDENT CO� NTRACTOR: I CONSULTANT and its employees and agents shall be deemed to I be independent contractors, and not agents or employees of CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of CITY, or any rights generally afforded classified or unclassified employees; further they shall not be deemed entitled to the Florida Workers' Compensation' benefits as employees of CITY. XV. TERMINATION OF CONTRACT: CITY retains the right to terminate this Agreement at any time prior to the completion of the services required pursuant to paragraph II hereof without penalty to CITY. In that event, notice of termination of this Agreement shall be in writing to CONSULTANT, who shall be paid for those services performed prior to the date of his/her receipt of j notice of termination. In no case, however, will CITY pay i j CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between CITY and CONSULTANT that any payment made in accordance with this Section to CONSULTANT shall be made only if said CONSULTANT is not in -8- 9 4 - 6 default. If said CONSULTANT is in default then CITY shall in no way be obligated and shall not pay to CONSULTANT any sum whatsoever. XVI. NONDISCRIMINATION: j CONSULTANT agrees that it shall not discriminate as to race, sex, color, creed, or national origin or handicap in connection with his/her performance under this Agreement. XVII. MINORITY PROCUREMENT COMPLIANCE: CONSULTANT acknowledges that he/she has been furnished a copy of Ordinance 'No 10062, the Minority Procurement k Ordinance of the City of Miami, and agrees to comply with � all applicable substantive and ' PP procedural provisions � therein, including any amendments thereto. XVIII. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds, or authorization, reduction of funds, and/or change in regulations. XIX. " DEFAULT PROVISION: In the event that CONSULTANT shall fail to comply with -.„each and every term and condition' of this Agreement or fails to mom yi i perform any of the terms and conditions contained herein, I then CITY, at its sole option, upon written notice to CONSULTANT may cancel and terminate this Agreement, and all payments, advances, or other compensation paid to CONSULTANT by CITY while CONSULTANT was in default of the provisions herein contained, shall be forthwith returned to CITY. XX. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only Agreement of the parties hereto and correctly sets forth the rights, duties, and obligations of each to the other as of its dote. Any prior agreements promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. XXI. AMENDMENTS : No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the respective officials thereunto duly authorized, this the day and year first above written. -10- 94- 6 ATTEST: MATTY HIRAI CITY CLERK ATTEST: CORPORATE SECRETARY APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, III CITY ATTORNEY C'(,t- 4 CITY OF MIAMI, a municipal corporation of the State of Florida BY: CESAR H ODIO CITY MANAGER CONSULTANT: DAVID M. GRIFFITH & ASSOCIATES, LTD. BY: TITLE -11- 94- 6 ^~1 CITY OF MIAMI, FLORIDA CA=9 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM : Cest jj 1%'dio Cit aaer DATE : L 'BAN 4 1994 FILE SUBJECT Agenda Item for City Commission Meeting REFERENCES: ENCLOSURES: It is respectfully recommended that the attached resolution be approved authorizing the City Manager to execute an agreement, in substantially the attached form, with the firm of David M. Griffith & Associates, Ltd., to prepare a Central Serv:.-ces Cost Allocation Plan for the purpose of recovering overhead casts from grants for fiscal year 1993, allocating funds therefore, in an amount not to exceed $15,000, from Special Programs and Accounts, Account No. 921002-270. The City has entered into contracts with David M. Griffith & Associates, Ltd. for indirect cost allocation plans in prior years. David M. Griffith had been selected after conducting competitive negotiations for the procurement of professional services with the firms of Ernst Young, Coopers & Lybrand, and David M. Griffith and Associates. David M. Griffith and Associates is recognized as the top specialist in indirect cost allocation plans in the Country, providing a quality product at the lowest possible price. Federal guidelines require that a new plan be prepared each year to support charges for the allocation of administrative costs through an indirect cost plan, which would allow the City to recover in excess of $600,000 annually. The Finance Department recommends entering into a contract with David M. Griffith & Associates, Ltd. to produce the indi:^ect cost study for fiscal year 1993, at a cost not to exceed $15,000. c� 94- 6