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HomeMy WebLinkAbout2018 CON AK & Company - SB90 Consulting Services - Amendment #2SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AK & COMPANY THIS SECOND AMENDMENT TO THE AGREEMENT is entered into this 6th day of August, 2018, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and AK & COMPANY (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an Agreement on July 1, 2016 ("the Agreement"), wherein the CONSULTANT agreed to provide mandated cost reimbursement ("SB90") claim services for a not -to -exceed amount of $7,000 per fiscal year. WHEREAS, effective November 30, 2017, the parties executed the First Amendment to the agreement to extend the term of the agreement for one (1) additional year through September 30, 2018, and to delete Section 21 (Mediation/Arbitration) from the Agreement. WHEREAS, the parties desire to execute a second amendment to the Agreement to extend the term of the Agreement for one (1) additional year through September 30, 2019. AGREEMENT NOW, THEREFORE, the parties hereto agree that the Agreement entered into on July 1, 2016, shall be amended to extend the term of the Agreement for one (1) additional year through September 30, 2019. The parties agree that with the exception of the deletion of Section 21 from the Agreement agreed upon in the First Amendment hereto, each and every term and provision of the Agreement dated July 1, 2016, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY AK & CO PANY By: Leslie Deese, City Manager Am a Kerersi, Princi APPROVED AS TO FORM: "Baj"• Aitgil P. Morris -Jones City Attorney (tbsElt.-to M. CnR,RS OI?'"1 Cril /}q-roiNleH Agreement Number: 19-NATIONAL CITY EXHIBIT A SERVICES TO BE PERFORMED BY CONSULTANT Annual and Amended Claims - Consultant will perform the following professional services: a. By February 15, 2019, prepare and submit FY 2017-18 SB 90 Annual Claims to the State Controller's Office (SCO), according to the SCO FY 2017-18 Annual Claiming Instructions, as specified in 1) (a). b. Prepare and submit amended SB 90 claims, as necessary, to the State Controller's Office (SCO), as specified in 1) (b). c. Schedule a fall site visit or remote telephone meeting to discuss eligible programs with City's SB 90 Coordinator, and review data collection with individual departments affected by each reimbursable mandate program. d. Advise City staff regarding reliable and defensible types of source documentation. e. Establish a workable timeframe and plan for data to be collected by staff and submitted to Consultant in order to submit the City's claims prior to the SCO deadlines. f. Include both direct and indirect costs in SB 90 claims submitted by Consultant. Consultant may choose to use either the SCO ten percent (10%) indirect cost rate or to calculate a higher rate. g. Provided that City financial records are available and delivered to Consultant in a timely manner, Consultant will use relevant salary and expenditure data to prepare an Indirect Cost Rate Proposal (ICRP) for all City departments included in City's claims. If not provided in a timely manner, Consultant will use the SCO 10%. h. Complete all eligible claims and provide City with hard copies of the claims submitted. i. Deliver all signed claims to the SCO by specified deadlines. j. Provide to City a copy of the Claims Transmittal signed by the SCO to acknowledge receipt of claims. k. Advise City of SCO issues associated with any SB 90 claims prepared and submitted by Consultant. I. If necessary, act as a Sacramento liaison with the SCO in desk reviews or field audits for claims that were prepared and submitted by Consultant. m. Provide to City relevant SB 90 legislative and SCO updates throughout the fiscal year, as specified in 1) d). n. Provide to City SCO Annual Report of Outstanding Claims, as specified in 1) e). City of National City 6 — ak & company August 6, 2018 Agreement Number: 19-NATIONAL CITY EXHIBIT A (continued) SERVICES TO BE PERFORMED BY CONSULTANT New or Reinstated Claims — Consultant will perform the following professional services: a. Prepare and submit SB 90 New or Reinstated Claims to the State Controller's Office (SCO), according to the SCO issuance of New Claiming Instructions, as specified in 1) (c). b. Advise City staff regarding reliable and defensible types of source documentation. c. Establish a workable timeframe and plan for data to be collected by staff and submitted to Consultant in order to submit the claims prior to the SCO deadlines. d. Include both direct and indirect costs in SB 90 claims submitted by Consultant. Consultant may choose to use either the SCO ten percent (10%) indirect cost rate or to calculate a higher rate. e. Provided that City financial records are available and delivered to Consultant in a timely manner, Consultant will collect relevant salary and expenditure data to prepare an Indirect Cost Rate Proposal (ICRP) for all City departments included in City's claims. If not provided in a timely manner, Consultant will use the SCO 10%. f. Complete all eligible claims and provide City with hard copies of the claims submitted. g. Deliver all signed claims to the SCO by each new claim deadline. h. Provide to City a copy of the Claims Transmittal signed by the SCO to acknowledge receipt of claims. City of National City 7 — ak & company August 6, 2018 Agreement Number: 19-NATIONAL CITY EXHIBIT B CITY'S DUTIES City's duties in performance of this Agreement: a. Return executed Agreement Extension Letter by Friday, September 14, 2018. b. Coordinate all site visits, monitor staff activities and work with Consultant to collect and obtain necessary records, data and documentation needed by Consultant to prepare and submit SB 90 claims to the State Controller's Office (SCO) by the required deadlines. c. Provide to Consultant all necessary data either within three (3) weeks of the request or three (3) weeks prior to the filing deadline, whichever occurs first. Data not received within this timeframe will not be considered to be provided in a timely fashion. d. Ensure that Annual Claims data is provided in its entirety to Consultant no later than Friday, October 26, 2018. e. Return signed FAM-27 signature pages no later than five (5) working days before any filing deadline. f. Respond to Consultant inquiries regarding data collection within a reasonable timeframe. g. Ensure Consultant is paid within 30 days following City's receipt of an original invoice and acceptance by City of the materials, supplies and services provided by Consultant. City of National City 8 — ak & company August 6, 2018 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950-4397 619-336-4228 Michael R. Dalla, CMC - City Clerk AK & COMPANY MANDATED COST REIMBURSEMENT (SB90) CLAIM SERVICES AGREEMENT AMENDMENT #2 Tess Limfueco (Finance) forwarded a duplicate original Agreement to AK & Company.