04-060 David WellhouseAGREEMENT BETWEEN THE CITY OF C~IPERTINO AND DAVID WELLHOUSE &
ASSOCIATES, INC. FOR PREPARATION AND FILING OF CLAIMS FOR STATE
MANDATED COST REIMBURSEMENT
This agreement by and between the CITY OF CUPEIRTINO, a municipality of the State of California,
hereinafter referred to as "CITY", and DAVID WELLHOUSE & ASSOCIATES, INC., a California
corporation, hereinafter referred to as "CONSULTAf~IT".
Whereas, CITY desires to engage the services of a consultant to prepare and file claims for State
Mandated Cost Reimbursement, and CONSULTANT has been selected to perform said services,
now, therefore, it is agreed by CITY and CONSULTANT as follows:
1. Claims To Be Filed. CONSULTANT :>hall prepare and file with the State Controller's
Office on behalf of CITY, the following state mandated cost (SB 90) claims during the 2003-2004
fiscal year.
Administrative License Suspension
Chapter 1460, Statutes of 1989
Chapter 431, Statutes of 1990
Chapter 1281, Statutes of 1992
Chapters 899 and 1244, Statutes of 19!x3
Chapter 938, Statutes of 1994
Chapter 5, Statutes of 1997
Seven ~~ Fiscal Years Available to Be Claimed
Actual Claims
Fiscal Years: 1997/98, 1998/99, 1999/2000, 2000/2001, 2001/2002, 2002/2003
Estimated Claims
Fiscal Year: 2003/2004
CONSULTANT will prepare and file all ;applicable State Mandated Cost
Reimbursement Claims for fiscal years: 1997/98, 1998/99, 1999/2000, 2000/2001,
2001/2002, 2002-2003 actual and 2003-2004 estimated on or before June 7, 2004
as required by the State Controller's Cl:~iming Instructions # 2004-01
CITY acknowledges that CONSULTANT does not w~~rrant that claims will be filed for all of the
mandates listed in this Section 1. CONSULTANT shall only prepare and file claims for those
mandates listed in Section 1. in which the CITY has reimbursable costs.
The claims and services described in this Section 1 :;hall hereinafter be referred to as "PROJECT".
CONSULTANT hereby designates David Wellhouse, or other delegated representative, to be sole
contact and agent in all consultations with CITY during the performance of services as stated in
PROJECT.
2. Time For Performance. CONSULTAI`JT shall file all claims in accordance with the
State Controller's claim filing deadline contained in the applicable State Controller Claiming
Instructions.
3. Compensation. CITY agrees to pay CONSULTANT a fixed fee, which includes all
costs and charges, in the amount of $ 3,500.00 for services provided under Section 1. of PROJECT,
upon receipt of CONSULTANT'S invoice, after submission of claims on or before June 7, 2004 as
required by the State Controller's Claiming Instructions.
4. Method Of Payment. CITY agrees to pay said fixed fees for services provided under
Section 1. of PROJECT upon receipt of CONSULTAI~T'S invoice, after submission of claims on or
before June 7, 2004. City further agrees to pay CONSULTANT'S invoice within 15 days of receipt.
5. City Assistance. CITY shall assign a staff coordinator to work directly with
CONSULTANT in the performance of this agreement. CITY shall provide CONSULTANT with
requested information in a timely manner, pursuant to PROJECT. CITY represents and warrants that
all financial documents and other information provided are accurate and correct. CONSULTANT
shall not be liable for claims that are not filed or incorrectly filed due to inaccurate or untimely data.
6. Disposition Of Documents. CONSULTANT shall furnish to CITY copies of all claims
filed with the State within 30 days after filing. CONSULTANT shall, upon written request, make
copies of work papers available to CITY. CITY acknowledges that all such workpapers are the
property of CONSULTANT, and may not be disclose~~ to any third party, provided however that such
workpapers may be disclosed to appropriate governrnental authorities for audit purposes.
CONSULTANT shall be entitled to retain copies of al'I data prepared.
7. Not Obligated To Third Parties. CITI' shall not be obligated or liable hereunder to
any party other than CONSULTANT.
8. Insurance. CONSULTANT shall carry, maintain and keep in full force and effect, a
policy of comprehensive general liability and automol:ive liability insurance in an amount not less than
$1,000,000 aggregate applying to bodily injury, persc,nal injury, and property damage.
9. Independent Contractor. CONSULT~~NT is, and shall be, acting at all times in the
performance of this agreement as an independent contractor. CONSULTANT shall secure at its
expense, and be responsible for, any and all payments of taxes, social security, state disability
insurance compensation, unemployment compensation and other payroll deductions for
CONSULTANT and its officers, agents and employec;s.
10. Consultant Assistance If Audited. lJpon notice of audit, CONSULTANT shall make
available to CITY and state auditors claim file inform~~tion, and provide assistance to CITY in
defending claims submitted.
11. Consultant Liability If Audited. All vvork required hereunder shall be performed in a
good and workmanlike manner. Any disallowance of claims by the State Controller's Office or other
state agencies is the responsibility of CITY.
12. Indirect Costs. CONSULTANT shall make every effort to prepare departmental
Indirect Cost Rate Proposals for claims submitted, provided CITY financial information and
departmental costs support such rates. CONSULTANNT may utilize the ten percent (10%) indirect
cost rate allowed by the State Controller if financial information and departmental costs do not
support a higher rate.
13. Termination OfAgreement. CITY may terminate CONSULTANT'S services
hereunder with cause, whether or not services under PROJECT are fully complete. CITY shall do so
by giving written notice to CONSULTANT, specifying the effective date thereof, at least fifteen (15)
days before the effective date of such termination.
14. Return of Signed Agreement. CONSULTANT shall be under no obligation to prepare
and file claims unless an executed Agreement or f,ax informing us of the City's intention to
continue our services is received by CONSULTA~JT by Friday. May 7, 2004. CONSULTANT may
extend this deadline on a case by case basis.
15. Entirety. The foregoing set forth the entire Agreement between the parties.
CONSULTANT:
DAVID W E~,.I~t~~~
a Calif is cQr o n
By:
David E. Wellhouse
President/CEO
CITY:
CITY OF CUPERTINO,
a municipality of the State of California
By: ~• T
Name: ~~~DL. ~ . ~TZ<JOOD
OCIATES, INC.,
Date: March 28, 2004
Date: 4 --1 3 - d~
Title: UtJ~, c~ A~L'/~'1~~ . SEE2.Ul C-~
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