83-044 David Griffith and Associates Consulting Services 1
AGREEMENT TO PROVIDE
PROFESSIONAL CONSULTING SERVICES
TO THE CITY OF CUPERTINO
THIS AGREEMENT, entered into this 28th day of December , 1983,
effective immediately by and between David M. Griffith and Associates, Ltd.
(hereinafter called "Consultant") and the City of Cupertino (hereinafter called "City"),
WITNESSETH THAT:
WHEREAS, the City provides services and programs to outside entities, including the
public, for which it charges user fees,
WHEREAS, the City provides support services paid from the City's general fund to
enterprises operated from restricted funds for which the City's general fund may be
reimbursed when service costs are appropriately documented,
WHEREAS, the City desires to engage the Consultant to develop the full costs of services
for which fees can be charged.
NOW, THEREFORE, the parties hereto mutually agree as follows:
(1) Employment of Consultant. The City agrees to engage the Consultantand 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 service cost allocation using the consultant
proprietary cost allocation system.
B. Calculation of the full costs of services offered by the City for which fees
can reasonably be levied.
C. Calculation of revenues resulting from current fees and matching these
revenues with costs calculated in (2) B.
D. Development of a report summarizing the analysis and specifying
recommendations for fee adjustments.
E. Presentation of the study findings to staff, management, and the City Council.
(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 by April 15, 1984.
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(4) Compensation. The City agrees to pay the Consultant a sum not to exceed twenty
four thousand five hundred dollars ($24,500) 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 shall be entitled to payment in accordance
with the provisions of this paragraph. The Consultant shall receive 25 percent
(25%) of the agreed upon fee upon submission of the central service cost allocation
described in (2) A. The Consultant shall receive an additional 50 percent (50%)
upon submission of the draft report described in (2) D. The final 25 percent (25%)
shall be due the Consultant upon completion of all services described under this
agreement to the satisfaction of the City.
(6) Changes. The City may, from time to time, require changes in the scope of
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 City. The City shall furnish the
Consultant with all available necessary information, data, and material 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. 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 by giving written
notice to the Consultant of such termination and specifying the effective date
thereof, at least five days before the effective date of such termination.
(9) Information and Reports. The Consultant shall, at such time and in 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 prepared in conjunction with the project
will be turned over to the City for safekeeping.
(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 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 ensure that the work involved is properly coordinated with related
work being carried on in the City.
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(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 this contract.
(13) Matters to be Disregarded. The titles of the several sections, subsections, and
paragraphs set forth in this contract are inserted for convenience 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, 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 impair or prejudice any right or remedy
available to the City in respect tosuchbreach 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.
All 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 for whatever reason is the sole resporisibility of
the City. Consultant will, however, provide assistance to the City should an audit
be undertaken of indirect costs.
(19) Notices. Any notices, bills, invoices, or reports required by this agreement shall
be sufficient if sent by the parties in the United States Mail, postage paid, to the
address noted below:
City of Cupertino David M. Griffith and Associates, Ltd.
10300 Torre Avenue 5441 Fair Oaks Boulevard, Suite C3
Cupertino, California 95014 Carmichael, California 95608
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IN WITNESS WHEREOF, the City and the Consultant have executed this agreement as
of the date first written above.
TY OF CUPERTINO
By
Official)
City Manager
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ATTEST
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p
By:
Louis E. Chappui=
Vice President