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HomeMy WebLinkAbout97-82 RESOLUTION• • RESOLUTION NO. 7 7- D. A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ARTHUR YOUNG & COMPANY FOR THE PREPARATION OF A COST ALLOCATION PLAN. flat BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the Mayor and City Clerk are hereby authorized and directed to execute an agreement with Arthur Young & Company for the preparation of a cost allocation plan. A copy of the agreement authorized for exedution hereby is attached hereto marked Exhibit "A", and made a part hereof. PASSED AND APPROVED ,THIS 341 day ofAjpg,1- 1982. ATTEST: CLTY CLERK t tot - MAYOR �'AYETTEVILLE, ARKANSAS P.O. DRAWER F Mr. John M. Vines Arthur Young & Company 1800 First National Building Little Rock, Arkansas 72201 Dear John: DEPARTMENT OF FINANCE 7001 (601) 621-7700 February 11, 1983 Attached is the revised Cost Allocation Plan Agreement with the changes that you requested, as made per our City Attorney. Please review the agreement and let me know if there are any problems. If there are not, please just sign and return. SCL/oak Enc. Sincerely, Scott C. Linebaugh Finance Director u FAYETTEVILIS, ARKANSAS P.O. DRAWER F Mr. John M. Vines Arthur Young & Company 1800 First National Building Little Rock, Arkansas 72201 Dear John: DEPARTMENT OF FINANCE 72701 (6011521-7700 January 31, 1983 We have not received back from Arthur Young the signed copy of the contract between the City of Fayetteville and Arthur Young concerning the Cost Allocation Study that is being performed. It is required by our records that a copy of this contract be filed with the Resolution in the City Clerk's_ office. Please, at your convenience, review the contract that we had prepared and let me know if there are any changes that are needed. SCL/oak Sincerely, Scott C. Linebaugh Finance Director • AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES TO THE CITY OF FAYETTEVILLE, ARKANSAS THIS AGREEMENT, entered into this L3sed day of A)U91'S� 1982, and effective immediately by and between Arthur Young & Company (hereinafter called the "Consultant") and the City of Fayetteville, State of Arkansas (hereinafter called the "City"), WITNESSETH THAT: WHEREAS, the City has programs which it operates with outside funding, and WHEREAS, the City supports these programs with support services paid from City appropriated funds, and WHEREAS, the United States government will pay a fair share of these costs if'supported by an approved cost allocation plan, and WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced in the requirements of developing and negotiating such governmental cost allocation plans, and WHEREAS, the City desires to engage the Consultant to assist in developing a plan which conforms to Federal requirements and will be approved by their representatives, NOW, THEREFORE, the parties hereto mutually agree as follows: 1. Employment of Consultant. The City agrees to engage the Consultant and the Consultant hereby agrees to perform the following services. • • 2. Scope of Services. The Consultant shall do, perform, and carry out in a good and professional manner the following services: A. Development of a central services cost allocation plan based on financial data for the City's fiscal year which identifies the various costs incurred by the City to support and administer Federal programs. This plan will contain a determination of the allowable costs of providing each supporting service, such as purchasing, legal counsel, disbursement processing, etc. B. Negotiation of the completed cost allocation plan with the representatives of the City's cognizant Federal agency. C. Assistance in preparing the initial claims to the State for recovery of funds due the City. Consultant will also monitor the progress of claims through the United States government to insure the City receives recoveries due it. D. Provide instruction to City personnel to insure the perpetuation of the plan. 3. Time of Performance. The services to be performed hereunder by the Consultant shall be undertaken and completed in such sequence as to assure their expeditious completion and best carry out the purposes of the agreement. All services required hereunder shall be completed within six months of execution of this contract. 4. Compensation. The City agrees to pay the Consultant a sum not to exceed Eight Thousand Five Hundred Dollars ($8,500.00) for all , services required herein, which shall include reimbursement for expenses incurred. 2 5. Method of Payment. Payment will be made by the City to the Consultant from funds identified as recoverable; provided, payment to the Consultant shall not exceed the maximum amount agreed upon in paragraph 4. Should the City stand to recover, due solely to the plan, an additional amount less than the amount needed to satisfy Consultant's fees, then Consultant's fee is limited to the amount of those additional identified recoveries. 6. Failure to Agree on Additional Recovered Amount. Should the City and the Consultant fail to agree as to the resulting computation of addi- tional recoveries, the City may at its sold discretion reject the Consultant prepared plan. If the City elects to implement this option, this contract will be deemed to be null and void. The City shall be deemed to have incurred no obligation to the Consultant and the Consultant shall be deemed to have incurred no obligation to the City. 7. Changes. The City may, from time to time, require changes in the scope of the services of the Consultant to be performed hereunder. Such changes as are mutually agreed upon by and between the City and the Consultant shall be incorporated in written amendment to this agreement. 8. Services and Materials to be Furnished by City. The City shall furnish the Consultant with all available, necessary information, data, and materials pertinent to the execution of this agreement. The City shall cooperate with the Consultant in carrying out the work herein, and shall provide adequate liaison between the Consultant and other agencies of City government. 9. Termination of Agreement for Cause. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner his obligation under this agreement, the City shall thereupon have the right to terminate this agreement with or without cause, by giving written notice to the Consultant of such termination and specifying the effective data thereof, at least five (5) days before the effective date of such termination. 10. Information and Reports. The Consultant shall, at such time and in such form as the City may require, furnish such periodic reports concerning the status of the project, such statements, certificates, approvals, and copies of proposed and executed plans and claims and other information relative to the project as may be requested by the City. The Consultant shall furnish the City, upon request, with copies of all documents and other materials prepared or developed in relation with or as part of the project. Working -papers pre-, pared in conjunction with the cost allocation plan may be turned over to the City for safekeeping. 11. Records and Inspections. The Consultant shall maintain full and accurate records with respect to all matters covered under this agreement. The City shall have free access at all proper times to"sach records,-and_the flight to examine and audit the same and to make transcripts therefrom;uand to inspect all program data, documents, proceedings, and activities. 12. Accomplishment of Project. The Consultant shall commence, carry on, and complete the project with all practicable dispatch, in a sound, economical and efficient manner, in accordance with the provisions thereof and all applicable laws. In accomplishing the project, the Consultant shall take such steps as are appropriate to insure that the work involved is properly coordinated with related work being carried on in the City. 13. Matters to be Disregarded. subsections, and paragraphs set forth convenience of reference only and shal interpreting any of the provisions of The titles of the several sections, in this contract are inserted for 1 be disregarded in construing or this contract. 14. Completeness of Contract. This contract and any additional or supplementary document or documents incorporated herein by specific refer- ence contain all the terms and conditions agreed upon by the parties hereto, and no other agreements, oral or otherwise, regarding the subject matter of this contract or any part thereof shall have any validity or bind any of the parties hereto. • 3 15. City Not Obligated to Third Parties. The City shall not be obligated or liable hereunder to any party other than the Consultant. 16. When Frights and Remedies Not Waived. In no event shall the making by the City of any payment to the Consultant constitute or be construed as a waiver by the C ty of any breach of covenant, or any default which may then exist, on the part of the Consultant, and the making of any such payment by the City while any such breach or default shall exist in no way impairs or prejudices any right or remedy available to the City in respect to such breach or default. 17. Personnel. The COnsultant represents that he has, or will secure at his own expense, all personnel required in performing the services under this agreement. Such personnel shall not be employees of or have any . contractual relationship with the City. "A11 of the services required hereunder will be performed by the Consultant or under his supervision, and all personnel engaged in the work shall be fully qualified to perform such services. 18. 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 plan is the sole respon- sibility of the City. Consultant will, however, provide assistance to the City should an audit be undertaken of City indirect costs. 19. Notices. Any notices, bills, invoices, or reports required by this greement shall be sufficient if sent by the parties hereto in the United States mail, postage paid, to the addresses noted below: Finance Director City of Fayetteville Post Office Drawer F Fayetteville, Arkansas 72701 Arthur Young & Company 1800 First National Building Little Rock, Arkansas 72201 IN WITNESS WHEREOF, the City and the Consultant have executed this agreement as of the date first written above. - v y ATTEST ms's t` Viz' _ .„4„02) a CITY CLERK ATTEST: FAYETTEVILLE f414" MAYOR ARTHUR YOUNG & COMPANY By: