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HomeMy WebLinkAbout161-91 RESOLUTION• • RESOLUTION NO. 161-91 A RESOLUTION AUTHORIZING A CONTRACT WITH DAVID M. GRIFFITH & ASSOCIATES, LTD. TO CONDUCT A COST OF SERVICE/USER FEE STUDY IN ACCORDANCE WITH RFP 91-8 AT A COST OF $35,000.00. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the Mayor and City Clerk are hereby authorized and directed to execute a contract in the amount of $35,000 with David M. Griffith & Associates, Ltd. to conduct a cost of service/user fee study in accordance with RFP 91-8. A copy of the contract authorized for execution hereby is attached hereto marked Exhibit "A" and made a part hereof. Section 2. This resolution being necessary for the immediate preservation of the public health and safety, an emergency is hereby declared to exist and this act shall be in full force and effect from and after it passage and approval. PASSED AND APPROVED this 3rd day of September , 1991. APPROVED: Mayor ATTEST: By B • AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES FOR CITY OF FAYETTEVILLE , ARKANSAS THIS AGREEMENT, entered into this ,3,J day of , „,.Q,,,J , 1991, and effective immediately by and between David M. Griffith and Associates, Ltd. (hereinafter called the "Consultant.), and the City of Fayetteville, Arkansas (hereinafter called the "City), WITNESSETH THAT: WHEREAS, the City has a need to review and establish the current cost of fees and charges made by various departments throughout the City, and WHEREAS, the City desires to engage the Consultant to assist in developing a study to accomplish the above objectives, and WHEREAS, outside users 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 such studies for the City, 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. Scooe of Services. The Consultant shall do, perform, and carry out In a good professional manner the following services as defined in Consultant's formal July, 1991 proposal and amended by Consultant's correspondence dated August 13, 1991 (copies attached): A. Review and update the City's OMB Circular A-87 Cost Allocation Plan based on 1990 actual expenditures. B. Prepare a full cost general fund central services cost allocation plan based on fiscal year 1991 budget costs. C. Prepare a comprehensive study detailing the current costs of services provided to users through fees, rates and service charges. This costing formula will include City-wide, as well as, departmental expenses costed down to the specific units of measure. D. The Consultant will provide NGCS software and on-site training to the City's designated employee for use of the software for the development of cost plans and user fee studies. E. The Consultant will provide one presentation of results to the City's Board. EXHIBIT A 1 • • 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. A preliminary report to the City will be delivered within ninety (90) days of commencement of the engagement outlining the actual cost of fees and charges throughout the City. All services required hereunder shall be completed and a final report shall be submitted to the City within one hundred twenty (120) days of the commencement of the engagement. 4. Comoensation. The City agrees to pay the Consultant a sum of Thirty-five Thousand Dollars ($35,000.00) for all services required herein, which shall include reimbursement for expenses Incurred. Consultant agrees to complete the project and all services provided herein for said sum. 5. Method of Payment. The Consultant will present the City with "progress billings" of Eight Thousand Dollars ($8,000.00) per month for three months. The final Eleven Thousand Dollars ($11,000.00) will not be billed until the final report is presented to the City. Payments to Consultant will be made within twenty-one days of receipt by the City of each billing from Consultant. 6. Charges. The City may, from time to time, require changes in the scope of the services of the Consultant to be performed hereunder. Such changes, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated In written amendment to this agreement. 7. Services and Materials to be Fumished by the 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 staff for liaison with the Consultant and other agencies of City government. Additionally the City shall assign at least one employee to assist in the data gathering and compilation procedures of the engagement. 8. Termination of Agreement for Cause. If, through any cause, the Consultant shall fall to fulfill in timely and proper manner his obligation under this agreement, the City shall thereupon have the right to terminate this agreement with cause, by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. 9. Information and Reports. Monthly progress reports will be prepared in a format mutually agreed upon by the Consultant and the City. These reports will accompany the monthly progress billings defined in Part 5. The Consultant shall furnish additional reports concerning the status of the project, statements, certificates, approvals, and a set of copies of proposed and executed plans and claims and other information relative to the project upon request by the City Administration. The Consultant shall furnish the City, upon request, with a set of copies of all documents and other materials prepared or developed in conjunction with or as part of the project. Two bound sets and one unbound set of the final report will be delivered to the City upon completion of the engagement. The final report shall include: (1) the Full Cost Allocation Plan, (2) the User Fee Study, (3) the User Fee Executive Summary, and (4) the OMB Circular A-87 Cost Plan. 10. 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 such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents proceedings, and activities. 11. Accomplishment of Proiect. 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 2 S • 12. Provisions Concemina Certain Waivers. Subject to applicable law, any right or remedy which the City may have under this contract may be waived in writing by the City by a formal waiver, if, In the judgement of the City, this contract, as so modified, will still conform to the terms and requirements of pertinent laws. 13. Matters to be Disregarded. The titles of the several sections, subsections, and paragraphs set forth in this contract are Inserted for convenience of reference only and shall be disregarded In construing or interpreting any of the provisions of this contract. 14. Completeness of Contract. This contract and any additional or supplementary document or documents Incorporated herein by specific reference 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. 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 RigMs 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 City of any breach of covenant, or any default which may then exist shall in no wise Impair or prejudice 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. All of the services required hereunder will be performed by the Consultant or under his supervision, and all personnel engaged in 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 responsibility of the City. Consultant will, however, provide assistance to the City should an audit be undertaken of City Indirect costs. 19. Software or Other Copyrighted Materials. Consultant's report developed pursuant to this contract shall be provided to Client. Copies shall be retained by Consultant. Client acknowledges that the report format to be provided by Consultant Is copyrighted. Consultant shall Insure that all copies of its report bear the copyright legend. Client agrees that the right, title and interest in and to the copyrighted materials lies with the Consultant. Client may use the report solely for and on behalf of the Client's operations to maintain accounting records and/or to monitor program costs against state or federal budgetary ceilings. Client agrees not to reproduce, publish, use or otherwise distribute the report except as provided by this contract. Client further agrees that it will take appropriate action by instruction, agreement or otherwise with hs employees to satisfy its obligations with respect to use copying, protection and security of the report format. Consultant shall retain all records related to this contract for three (3) years following termination, during which the Client has the right to audit such records at its election. 3 • 20. Notices. Any notices, bills, Invoices, or reports required by this agreement shall be sufficient if sent by the parties hereto In the United States mail, postage paid, to the addresses noted below: City of Fayetteville 113 W. Mountain Fayetteville, Arkansas 72701 David M. Griffith & Associates, Ltd. 112 State Street Lake Charles, Louisiana 70605 IN WITNESS WHEREOF, the City and the Consultant have executed this agreement as of the date first written above. City of Fayetteville AGI ‘T'Orw%7°:, y Official David M. Griffith & Associates, Ltd. By: 1 lX Betty O. Armstrelig State Manager 4 4