HomeMy WebLinkAboutR-92-0280J-92-341
4/24/92
RESOLUTION NO.
13
92 - 280
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; 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 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;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the:
Preamble of this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
ATTACHMENT (S)
CONTAINED
CITY comussm il
MEETING OF
MAY 1 4 1992
t�F 3r!"do b 0
aall .,l!
r
Section 2. The City Manager is hereby authorized i/ 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 fiscal year 1991, with
funds therefor hereby allocated from Special Programs and
Accounts, Account No. 921002-270.
Section 3. This Resolution shall become effective
immediately upon its adoption.
PASSED AND ADOPTED this 14th day of _ MU , 1992.
CITY CLERK
BUDGETARY REVIEW:
I (%-n
MANO RANA
ASSISTAN ITY MANAGER
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
City Charter AND Code provisions.
- 2 - 9 2_ 280
Ll
FINANCIAL REVIEW:
CARLOS RCIA, DIRECTOR
FINANCE PARTMENT
PREPARED AND APPROVED BY:
CARMEN L. LEON
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
CLL:ra:M2898
a
.�� PROFESSIONAL SER`i'ICES AGREE:�E]
This Agreement entered into as of the day of
, 1992, 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
1990-1991; 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.
The term of this Agreement shall be from June 30, 1992.
through Qecesmber 31, 1992.
II.
BASIC SERVICES;
The CONSULTANT shall perform the work called for under Item
II, below commencing upon execution of this Agreement.
b.<'
9 9- 280
The CONSULTANT shall submit a draft of the Cost Allocation
Plan within sixty (60) days of execution of this Agreement
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:
(1) Review current Federally funded City programs and
evaluate the contribution of central services for their
support.
(2) Review current enterprise operations and evaluate the
contributions of central services to their support.
(3) Review City central service expenses that can be
allocated to an indirect cost pool.
(4) Based on the reviews mentioned above, prepare a Central
Services Cost Allocation Plan that meets current Federal
Guidelines.
(5) CONSULTANT shall negotiate and have accepted by the
cognizant Federal Agency the Central Services Cost
Allocation Plan. Negotiations shall be substantiated
with comprehensive work papers, which shall become the
property of the City.
(6) 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.
(7) Monitor first year recoveries to ensure all allowable
recoveries are realized.
-z-
02-- 280 '
COMMBATION :
(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:
applicable
laws,
Both parties
shall comply
with all
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- 92- 280
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 conflict 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 92- 280
r
and provisions of this Agreement shall remain unmodified and
in full force and effect.
VI.
QERSHIP 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.
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 writing to
the performance or assignment of such service or any part
-5- 9 2- 280
i
i
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 SSIQK;
This Agreement shall be binding upon the parties herein,
their heirs, executors, legal representatives, successors,
and assigns.
-6- 9)_ 280
XII.
INDEMNIFICATION:
CONSULTANT shall indemnify and save CITY harmless from and
i
against any and all claims, liabilities, losses, and causes
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.
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- 92- 280
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 CONTRACTOR•
CONSULTANT and its employees and agents shall be deemed to
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.
RUB
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
notice of termination. In no case, however, will CITY pay
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-
92- 280
13
e
U
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.
NONDISCRIMINATIQN;
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
Ordinance of the City of Miami, and agrees to comply with
all applicable substantive and procedural provisions
therein, including any amendments thereto.
XVIII.
CONTINGENCY CL.n USE •
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.
QEFAULT
PROVISION:
the event that CONSULTANT
shall fail to comply
with each
In
and
every term and condition
of this Agreement or
fails to
-9- 9 2- 280
perform any of the terms and conditions contained herein,
then CITY, at its sole option, upon written notice to
E
i
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
j 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
I
�{ forth the rights, duties, and obligations of each to the
I other as of its date. Any prior agreements promises,
negotiations, or representations not expressly set forth in
this Agreement are of no force or effect.
XXI.
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- 92-- 280
. -N
perform any of the terms and conditions contained herein,
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 date. Any prior agreements promises,
negotiations, or representations not expressly set forth in
this Agreement are of no force or effect.
XXI.
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-
92- 280
ATTEST:
MATTY HIRAI
CITY CLERK
ATTEST:
CORPORATE SECRETARY
APPROVED AS TO FORM AND
CORRECTNESS%
A. QUINN JONES, III CL(�
CITY ATTORNEY
:3
CITY OF MIAMI, a municipal
corporation of the State of
Florida
BY: C,ESAR H . ODIO
CITY MANAGER
CONSULTANT: DAVID M. GRIFFITH
& ASSOCIATES, LTD.
BY:
TITLE
_��-- 9 ? - 280
8
CITY OF WAIVII. FLORIDA CA=9
INTER -OFFICE MEMORANDUM
TO The Honorable Mayor and Members
of the City Commission
FROM
Cesar H. Odio
City Manager
DATE APR
r'H1 n (`. ry a' i992 FILE
SUBJECT
Agenda Item for City
Commission Meeting
REFERENCES
ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the attached resolution be
approved authorizing a contract with David M. Griffith &
Associates, Ltd., to prepare a Central Services Cost Allocation
Plan for purposes of recovering overhead costs from grants for
fiscal year 1991, at a cost not to exceed $15,000, with funds
therefor, allocated from special programs and accounts.
The City entered into a contract in 1991 with David M. Griffith &
Associates, Ltd. for an indirect cost allocation plan, after
conducting competitive negotiations in the procurement of the
professional services with the firms of Ernst Young, Coopers &
Lybrand, and David M. Griffith and Associates. David M. Griffith
and Associates was selected on the basis of being recognized as
the top specialist in indirect cost allocation plans, providing a
quality product at the lowest possible price.
Federal guidelines require that a new plan be prepared every year
to support charges for the allocation of administrative costs
through an indirect cost plan, which 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 indirect cost
study for fiscal year 1991, at a cost not to exceed $15,000.
92- 280