R84-27 10-22-84 RESOLUTION NO. R84-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO
EXECUTE A USER FEE STUDY CONTRACT BETWEEN THE
CITY OF PEARLAND AND DAVID M. GRIFFITH AND
ASSOCIATES, LTD.
BE IT RESOLVED by the City Council of the City of
Pearland, Texas, that the Mayor be, and he is hereby authorized
to execute for and in behalf of the City, a User Fee Study
Contract by and between the City of Pearland and David M.
Griffith and Associates, Ltd., and attached hereto as Exhibit "A".
PASSED and APPROVED this ~ day of ~,7--J~_! ,
A. D., 1984.
CITY OF PEARLAND, TE~
Mayor
ATTEST:
City of Pearland, Texas,
$23,000
July 3, 1984
and
.EXHIBIT "A"
AGREEMENT TO PROVIDE
PROFESSIONAL CONSULTING SERVICES FOR
CITY OF PEARLAND, TEXAS
THIS AGREEMENT, entered into this 4 day ofa, 1984, and
effective immediately by and between David M. Griffith and Associates, Ltd.
(hereinafter called the "Consultant and the City of Pearland, State of Texas
(hereinafter called the "City WITNESSETH THAT:
WHEREAS, the City has programs which it operates with outside funding,
WHEREAS, the City supports these programs with support services paid
from City appropriated funds, and
WHEREAS, outside users will pay a fair share of these costs if supported
by an approved cost allocation plan, and
WHEREAS, the City has previously filed an approved plan and has
recovered outside funding due to the City, 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 professional manner the following services:
A. Development of a central services cost allocation plan
which identifies the various costs incurred by the
City's central service departments in support of its
operating departments.
page 1
City of Pearland, Texas
$23,000
July 3, 1984
9.
in such form
status of the
and executed
be requested
copies of all
or as part of
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, except for monitoring recoveries, shall be completed
within twelve months from the date this contract is signed by both parties.
4. Compensation. The City agrees to pay the Consultant a sum not to
exceed Twenty Three Thousand Dollars ($23,000) 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 and Timing of Payment. The Consultant shall be entitled
to payment in accordance with the provisions of this paragraph. Upon completion and
delivery of the plan to the City, Consultant will invoice the amount due to the
Consultant as agreed upon in paragraph 4. Then the City will pay the Consultant's
invoice within two weeks.
6. 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,
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.
Information and Reports. The Consultant shall, at such time and
as the City may require, furnish such periodic reports concerning the
project, such statements, certificates, approvals, and copies of proposed
plans and claims and other information relative to the project as may
by the City. The Consultant shall furnish the City, upon request, with
documents and other materials prepared or developed in conjunction with
the project.
page 2
City of Pearland, Texas
$23,000
July 3, 1984
r
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 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 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 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.
page 3
City of Pearland, Texas
$23,000
July 3, 1984
r
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 Pearland
P. O. Box 1049
Pearland, Texas 77581
David M. Griffith and Associates, Ltd.
3501 MacArthur Blvd., Suite 400B
Irving, Texas 75062
IN WITNESS WHEREOF, the City and the Consultant have executed this
agreement as of the date first written above.
City of Pearland, Texas
By: e>rtf —AZ/
(City Official)
David M. Griffith and Associates, Ltd.
By:
Donal. Brewer
Vice President