HomeMy WebLinkAboutR-85-0291J-85-180
RESOLUTION NO. 85-291
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXTEND A CONTRACT, SUBJECT TO THE CITY
ATTORNEY'S APPROVAL AS TO FORM AND CORRECT-
NESS, WITH THE FIRM OF DAVID H. GRIFFITH &
ASSOCIATES, LTD., TO PREPARE A CENTRAL
SERVICES COST ALLOCATION PLAN; ALLOCATING
FUNDS THEREFORE IN AN AMOUNT NOT TO EXCEED
SI3,500, FROM SPECIAL PROGRAMS AND ACCOUNTS
IN THE GENERAL FUND.
WHEREAS, the City of Miami is recipient of various
federal grants; and
WHEREAS, Federal regulations allow the City to recover
administrative funds from federal grants; and through a Central
Services Allocation Plan; and
WHEREAS, the City of Miami entered into a contract with
David M. Griffith and Associates Ltd., to prepare a Central
Services Cost Allocation Plan;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The City Manager is hereby authorized to
execute a contract, -subject to the City Attorney's.approval-as to"
form and correctness, with the firm of David M. Griffith and .
Associates, Ltd., to prepare a Central Services Cost Allocation
Plan for fiscal year 1984, with funds therefore allocated from
Special Programs and Accounts in the General Fund.
PASSED AND ADOPTED this 21st day of March , 198-5.
ATTEST:
ALPH G. ONGIE, CITY CL K
APPROVED BY:
ew4...a 4. &�wlec
ASSISTANT JTY ATTORNEY
APPROVf_D,AS TO FORM AND CORRECTNESS:
Maurice A. Ferre
M A Y O R
CITY COMMISSION
MEETING OF
MAR 21 1995
11014 NO. R.5-
LUCIA %-. DOUGHE)TY,CITY ATTORNEY (REMARKS ___,
A
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Randolph B. Rosencrantz
City Manager
FROM: Carlos E. Garcia
Director of Finance
DATE: January 22, 1985
SUBJECT: Agenda Item
REFERENCES:
ENCLOSURES:
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It is recommended that the attached
resolution extending the contract with
David M. Griffith & Associates, Ltd.,
to prepare a Central Services Cost
Allocation Plan for fiscal year 1984,
at a cost not to exceed $13,500, be
approved.
FILE:
Resolution No. 83-153 authorized the City Manager to enter into a
contract with the firm of David M. Griffith & Associates, Ltd., to
prepare . a Central Services Cost Allocation :P.la:n. _ :Reques•t-.:for. -bids.
were sent at the time to ten firms and advertised in local
newspapers. Four bids were received, of which David M. Griffith
provided the lowest bid.
David M. Griffith, is probably recognized as the number one firm
in the country, for the preparation of Central Services Cost
Allocation Plans, also known as Indirect Cost Allocation Plans.
This firm, after developing the plan, negotiates it with the
federal government. These plans are used to support recovery of
administrative funds from various federal grants and other
sources. During fiscal year. 1984,.-these r.ecoveri.es were. i.n .excess_ - ..-
of $650,000.
Since it is necessary to prepare a new plan based on fiscal year
1984 costs, we are hereby requesting extension of the contract
with David M. Griffith & Associates, Ltd., for another year.
cc: City Attorney
r
85-291
PROFESSIONAL SERVICES'AGREEMENT'
This Agreement entered into as of the day of
, 1985, by and between the City of Miami, a municipal
corporation of Dade County, Florida, hereinafter referred to as
"CITY" and David M. Griffith and Associates, Ltd., hereinafter
referred to as "CONSULTANT".
WITNESSETH:
WHEREAS, the CITY requires professional , services, 4n :t-tie:
nature of a Central Services Cost Allocation Plan; and
WHEREAS, the CONSULTANT has expressed -a -deli re -to, perform a ^a----
Central Services Cost Allocation Plan, and
WHEREAS, the City Commission authorized -the City M-anager-to
negotiate. and execute a professional s•ervi.ces a•gree.ment•• 5y-••..
Resolution No.
NOW, THEREFORE, THE CITY and CONSULTANT agree as follows:
1. TERM:
The CONSULTANT shall perform the work called for under Item 2,
below commencing thirty (-30) days -upon execution of this Agree-
ment. The CONSULTANT shall submit a draft of the cost
allocation plan within sixty (60) days of execution of this
Agreement and will monitor first year recoveries to ensure all
allowable recoveries are realized.
2. BASIC SERVICES:
(a) 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.
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85-291
S. The firm s h a I I negotiate and have -accepted by- the
cognizant Federal Agency the central services cost
allocation plan. Negotiations shall be substantiated
with comprehensive work papers, which will 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.
3. COMPENSATION:
(a) The CITY shall pay. the CONSULTANT, as compensation. ._for_._.._..._..,.
the services required, a fee of '$13,500, inclusive of out-of-
pocket expenses, based as follows:
Task Professional Reimbursable Engagement
Fees Expenses Totals -
Preparation of
Cost Allocation
Plan - $ 7,500 S 2,500 $ 10,000
Negotiation of
Plan/Preparation
of Rates - 2,250 1,250 3,500
Total 9,750 3,750 13,500
4. OWNERSHIP OF DOCUMENTS:
AII- writings, diagrams,.. tracings, . charts, and schedules
developed by the CONSULTANT under this Agreement, shall be
delivered to the CITY by said CONSULTANT upon completion of the
WORK and shall become the property of the CITY, without
restriction or limitation to their use. CONSULTANT agrees that
all documents, records and reports maintained and generated
pursuant to this contractual relationship between the CITY and
CONSULTANT shall be subject to all provisions of the Public
Records Law, Chapter 119, Florida Statutes.
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It is .further -understoLod by�and.between _the parties -that any -
information, writings, maps, contract documents, reports or any
other matter whatsoever which is given by the CITY to the
CONSULTANT, pursuant to this Agreement shall at all times
remain the property of the CITY and shall not be used by the
CONSULTANT for any purpose whatsoever without the written
consent of the CITY.
5. NON-DELEGABILITY:
It is understood and agreed that the obligations undertaken by
the CONSULTANT pursuant to the Agreement shall not be delegated
to any other person or firm unless the CITY shall first consent
in writing to the performance of such services .or any part
thereof by another person or firm.
6. AUDIT RIGHTS:
The CITY reserves the right to audit the records of the
CONSULTANT at,any time during the performance of this Agreement. z
and for a period •of one -year- after final - payment •i•-s..made under - -
this Agreement.
7, AWARD OF AGREEMENT:
The CONSULTANT warrant that it has not employed or retained any
company or persons to solicit or secure this agreement and that
they have not offered to pay, paid, or agreed to pay any person
or company any, fee, commission, percentage, brokerage fee, or
gifts of any kind contingent upon or resulting from the award
of making this Agreement.
The CONSULTANT is aware of the conflict of interest laws of the
City of Miami (Miami City Code Chapter 2, Article Y), and the
Florida Statutes and agree -that they will fully comply in all
respects with the terms of said
8. CONSTRUCTION OF AGREEMENT:
The parties hereto agree that this Agreement shall be construed
and enforced according to the laws, statutes and case laws of
the State of Florida.
9. SUCCESSORS AND ASSIGNS:
This agreement shall be binding upon the parties hereon, their
heirs, executors, legal representatives, successors, and
assigns.
10. CONFLICT OF INTEREST':1'
The CONSULTANT covenants that no person under its employ who
presently exercise any functions or responsibilities in connec-
tion with the Agreement has any personal financial interests,
direct or indirect, in this Agreement. The CONSULTANT further
covenants that, in the performance of this Agreement. The
CONSULTANT further covenants that, in the performance of this
Agreement, no person having such conflicting interest shall be
employed. Any such interest on the part of. the CONSULTANT. or.
! its employees, must be .disclose.d .in .wri.tin9 to -the. -CIT.Y. The
CONSULTANT, in performance of thi.s Agreement, shall be subject..
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to the more restrictive law and/or guidelines regarding
conflict of interest - promulgated by Federal, --State, or - Local -
Government.
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i 11. INDEPENDENT CONTRACTOR:
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That the CONSULTANT and its employees and agents shall be
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deemed to be an independent contractor, and not an agent or
3 employee of the CITY, and shall not attain any rights or
benefits under the Civil Service or Pension Ordinance of the
CITY, or any rights generally afforded classified or unclass-
ified employees; further he/she shall not be deemed entitled to
Florida Workers' Compensation benefits as an employee of the
CITY.
12. TERMINATION OF CONTRACT-:
The CITY retains the right to terminate this Agreement at any
time prior to the completion of the WORK without penalty to the
CITY. In that event, notice of termination of this Agreement
shall be in writing to the CONSULTANT who shall be paid for all
WORK performed prior to the date of his receipt of the notice
of termination. Basis for payment shall be as set out above.
In no case, however, will the CITY pay the CONSULTANT an amount
in excess of the total sum provided by this Agreement.
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I t i s hereby understood :by - and between thei _CITY, an4` ; the
CONSULTANT that any. payment made: in accordance..with._this
Section to the CONSULTANT shall be made only if said CONSULTANT
is in default under the terms of this Agreement, then the CITY
shall in no way be obligated and shall not pay to the
CONSULTANT any sum whatsoever.
13. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS:
Both parties shall comply with all applicable- laws, ordinance- _
and codes of Federal, State. and Local. Governments. _. . .
14. DEFAULT PROVISION:
In the event that the CONSULTANT shall fail to comply with each
and every term and condition of this agreement; or fails to
perform any of thetermsa.nd..conditions. contained.. herein,- then_ ..... .
the CITY at its sole option, may upon -written noti-ce -to--the-
CONSULTANT and without further notice or demand to the
CONSULTANT may cancel and terminate this agreement, ---and all
payments, advances, or other compensation paid to the
CONSULTANT by the CITY while the CONSULTANT was in default of
the provisions herein contained, shall be forthwith returned to
the CITY.
15. AMENDMENTS:
The CITY may, at its discretion, amend the Agreement to conform
with changes in applicable City, County, State and Federal
laws, directives, guidelines and objectives. No. amendments• -to
this Agreement shall be binding on either party unless in
writing and signed by both parties. Such amendments shall be
incorporated as part of this Agreement upon review, approval
and execution by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be executed by the respective officials
thereunto duly authorized, this the day and year first written
above.
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CONSULTANT
DAVID M*. GRIFFITH &'ASSOCIATES
ATTEST:
By:
President (Seal)
Corporate Secretary
CITY OF MIAMI, a municipal
ATTEST: corporation of the State of
Florida
Ralph G. Ongie, City Clerk
By: City Manager
APPROVED AS TO FORM AND CORRECTNESS:
Lucia A. Dougherty, City Attorney
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