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HomeMy WebLinkAboutR-84-00574b J-83-1100 1/18/84 r r / D - 6 RESOLUTION NO.St"'J i. A RESOLUTION AUTHORIZING THE CITY MANAGER 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 1983; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $1 39 500 FROM SPECIAL PROGRAMS AND ACCOUNTS, CONTINGENT FUND. WHEREAS, the City of Miami is a 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 entered into a contract with David M. Griffith and Associates, ltd. to prepare a Central Services Cost Allocation Plan based on fiscal year 1982 costs; 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 contrct, 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 1983 with funds therefor hereby allocated from Special Programs and Accounts, Contingent Fund. PASSED AND ADOPTED this 19th day of January , 1984. Maurice A. Ferre ATTEST: 001 , rrTY CITY COMMISSION MEETING OF J AN 19 1984 ...t SGL01-1; W. 4 4. REMARKS. •a PRLPARED AND APPROVED FAY: ROBERT F . CLARK DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: i OW SE GA C A- E R S .ITYATTORNEY -2- 84-5'7. f CITY OF MIAMI. FLORIDA 56 INTER -OFFICE MEMORANDUM -o Howard V. Gary City Manager FROM: Carlos E. Garcia Q�Z Director of Finance DATE: December 9, 1983 FILM: SUBJECT: Agenda Item REFERENCES: i:• ENCLOSURES: It is recommended that the attached resolution extending the contract with David M. Griffith and Associates, Ltd., to prepare a Central Services Cost Allocation Plan for fiscal year 1983, at a cost not to exceed $13,500, be approved. Resolution -No. 83-153 was passed in February, 1983, authorizing the City Manager to enter into a contract with the firm of David M. Griffith and Associates, Ltd., to prepare a Central Services Cost Allocation Plan for fiscal year 1982. The contract was awarded after bids were received from four qualified firms. Request for bids had been sent to ten firms and advertised in local newspapers. David M. Griffith, the lowest bidder, is probably recognized as number one in the country in 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 vari- ous federal grants and other sources. During fiscal year 1983, these recoveries were in excess of $650,000. Since it is necessary to prepare a new plan based on fiscal year 1983 costs, we are hereby requesting extension of the contract with David M. Griffith and Associates, Ltd., for another year. cc: City Attorney - 84-5'7. IN PROFESSIONAL SERVICES AGREEMENT This Agreement entered into as of the day of , 1983, 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." W I T N E S S E T H: WHEREAS, the CITY requires professional services in the nature of a Central Services Cost Allocation Plan; 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 service agreement by Reso- lution 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 Agreement. 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 pro- fessional 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. - •... 84-57. A- W I 3. Review City central service expenses that can be allo- cated 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. The firm shall negotiate and have accepted by the cognizant Federal agency the central services cost allo- cation 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. C014PENSATION: (a) The CITY shall pay the CONSULTANT, as camnensation for the services required, a fee of $13,500, inclusive of out-of-pocket expenses, based as follows: Professional Reimbursable Engagement Task Fees Expenses Totals Preparation of Cost Allo- cation Plan $ 7,500 $ 2,500 $ 10,000 Negotiation of Plan/Pre- paration of Rates 20250 1,250 3,500 Total 9,750 3,750 13,500 4. OWNERSHIP OF DOCUMENTS: All writings, diagrams, tracing, charts, and schedules developed by CONSULTANT under this Agreement, shall be delivered to -.2 - 84-5'7. . The CITY by said CONSULTANT upon completion of the WORK and shall become the property of the CITY, without restriction or limitation on their use. CONSULTANT agrees that all documents, records, and reports maintained and generated pursuant to this contractual re- lationship between the 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, 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 other purposes whatsoever without the written consent of the CITY. 5. NON-DELEGABILITY: It is understood and agreed that the obligation under- taken by the CONSULTANT pursuant to this Agreement shall not be delegated to any other person or firm unless the CITY shall first consent in writing to the performance of such service 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 and for a period of one year after final payment is made under this Agreement. 7. AWARD OF AGREEMENT: The CONSULTANTS warrant that they have 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, - 3 - 84-5'7. !04 A I brockerage fee, or gifts of any kind contingent upon or resulting from the award of making this Agreement. 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 herein, their heirs, executors, legal representatives, successors, and assigns. 10. IDEMNIFICATION: CONSULTANT shall indemnify and save the CITY harm- less from and against any and all claims, liabilities, losses, and causes of action which may arise out of CONSULTANT'S activities under this contract, including all other acts or omissions to act on.the part of the CONSULTANTS or any of them, including any person acting for or on his or their behalf. 11. CONFLICT OF INTEREST: The CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibilities in connection with the Agreement has any personal financial interests, direct or indirect, with the City. The CONSULTANT further cove- nants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of the CONSULTANT or its employees, must be disclosed in writing to the CITY. The CONSULTANT,,in the performance of this Agreement, shall be subject to the more restrictive law and/or guide- lines regarding conflict of interest promulgated by federal, state, or local government. - 4 - 84-5'7. 04' I 41 12. INDEPENDENT CONTRACTOR: That the CONSULTANTS and its employees and agents shall be deemed to be independent contractor, and not an agent or 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 unclassified employees; further he/she shall not be deemed entitled to the Florida Worker's Compensation benefits as an employee of the CITY. 13. TERMINATION OF CONTRACT: The CITY retains the right to terminate this Agree- ment 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 termin- ation. Basis for payment shall be as set out. In no case, however, will the CITY pay the CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and 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. 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 above written. - 5 - 84-5'7. Witnesses: Attest: City Clerk CONSULTANT By: ( SEAL) CITY OF MIA.11, a municipal Corpor- ation of the State of Florida By: City Manager APPROVED AS TO FORM AND CORRECTNESS: Jose R. Garcia -Pedrosa, City Attorney - 6 - 84-5'7. V• -