HomeMy WebLinkAbout19936 RES - 08/25/1987A RESOLUTION
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DAVID M.
GRIFFITH & ASSOCIATES, LTD. FOR EXECUTING A COMPREHENSIVE
COST RECOVER PROGRAM FOR THE CITY OF CORPUS CHRISTI; AND
APPROPRIATING $65,000.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That the City Manager is hereby authorized to execute an
agreement with David M. Griffith & Associates, Ltd. for executing a comprehensive
cost recovery program for the City of Corpus Christi, all as more fully set
forth in the agreement, a substantial copy of which is attached hereto and made
a part hereof, marked Exhibit "A."
SECTION 2. That there is hereby appropriated $65,000 from the No. 111
Trust Fund which Trust Fund is to be reimbursed when the study is implemented.
ATTEST:
m„,,S
City Secretary
,YOR
APPROVED: /3A DAY OF . , 194'7
HAL GEORGE, CITY ATTORNEY
By
Asci tan -t -City Attorney
07P.038.01
THE C TY OF CORPUS CHRISTI, TEXAS
199311{CRCF1LMFD
11
AGREEMENT TO PROVIDE
PROFESSIONAL CONSULTING SERVICES FOR
CITY OF CORPUS CHRISTI, TEXAS
THIS AGREEMENT, entered into this day of
, 1987, and effective immediately by and between David M. Griffith and
Associates, Ltd. (hereinafter called the "Consultant"), and City of Corpus Christi, Texas
(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 objective, 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 a revenue producing study for the City,
NOW THEREFORE, the parties hereto mutually agree as follows:
1. Emnlovment 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 professional manner the preparation of a comprehensive study detailing the current
costs of services provided to users through fees, rates and service charges. The total cost of
providing services will be determined for the different fees and user charges throughout the
general fund departments of the City. This costing formula will include city-wide, as well
as, departmental expenses costed down to the specific units of measure.
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 one hundred twenty (120) 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 six (6) months of the commencement of the engagement.
4. Compensation. The City agrees to pay the Consultant a sum not to
exceed Sixty Five Thousand Dollars ($65,000.00) 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 Three Thousand Dollars ($3,000) per week every two weeks for
eighteen weeks. The final Eleven Thousand Dollars ($11,000.00) will not be paid until the
final report is presented to the City, and the Consultant has demonstrated potential increased
recoverable allocations from user fees, exclusive of any overcharges, in the amount of at
least ten times the fee. Any unearned funds previously paid to the Consultant will be
returned to the City. Upon demonstration of this requirement to the City, the entire unpaid
portion of the fee will be billed. Payments to Consultant will be made within two weeks of
receipt by the City of each billing from Consultant.
6. Chances. 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 Furnished 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.
8. 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 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. 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 conjunction with or as part of the project.
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
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.
12. Provisions Concerning 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 judgment 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 Rights 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. 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 Corpus Christi
P. O. Box 9277
Corpus Christi, Texas 78408
David M. Griffith and Associates, Ltd.
1301 S. Bowen Road, Suite 335
Arlington, Texas 76013
IN WITNESS WHEREOF, the City and the Consultant have executed this
agreement as of the date first written above.
ATTEST
City of Corpus Christi
By:
City Official
David M. Griffith & Associates, Ltd.
Harrison S. Reed, III ....,61-7,r_
Senior Vice President
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATION OF FUNDS
(City Charter Article IV Section 21)
August 6, 1987
I certify to the City Council that $65,000.00 , the amount required for
the contract, agreement, obligation or expenditures contemplated in the above
and foregoing ordinance is in the Treasury of the City of Corpus Christi to the
credit of:
Fund No. and Name
Project No.
Project Name
111—Trust
Cost Recovery Program
111-243.82 City Manager Product Projects
from which it is proposed to be drawn, and such money is not appropriated for any
other purpose.
�QU6 1 r c� `76 t Lujmty-s 'L 5� %tet c Q.e
o?,0/113, 40-0-4_) //y7
FIN 2-55
' Revised 7/31/69
Corpus
� Christi, Texas
a5�h day of
The above resolution was passed by the following vote:
Betty N. Turner 1
47L)
David Berlanga, Sr.
Leo Guerrero 7,1,42/,/
Frank Mendez G(kle L
Clif Moss Q )
Bill Pruet
Mary Rhodes
Mary Pat Slavik
Linda Strong
99.066.01
19936
, 1987