07-029, David Wellhouse & Associates, Inc.
07-0:<.9
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND DAVID WELLHOUSE &
ASSOCIATES, INC. FOR PREPARATION AND FILING OF CLAIMS FOR STATE
MANDATED COST REIMBURSEMENT
This agreement by and between the CITY OF CUPERTINO, a municipality of the State of California,
hereinafter referred to as "CITY", and DAVID WELLHOUSE & ASSOCIATES, INC., a California
corporation, hereinafter referred to as "CONSULTANT".
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 shall prepare and file with the State Controller's
Office on behalf of CITY, the following state mandated cost (S8 90) claims on or before May 2, 2007
as required by State Controller's Claiming Instructions No. 2006-35.
Domestic Violence Arrest and Victim Assistance
Chapter 702, Statutes of 1998
Chapter 698, Statutes of 1998
Actual Claims
Period of 1/1/99-6/30/99, and Fiscal Years 1999/2000, 2000/2001, 2001/2002,
2002/2003, 2003/2004, 2004/2005, 2005/2006
Estimated Claims
Fiscal Year: 2006/2007
CITY acknowledges that CONSULTANT does not warrant 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 shall 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. CONSULTANT 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 $ 3,000.00 for services provided under Section 1. of PROJECT,
upon receipt of CONSULTANT'S invoice, after submission of claims on or before May 2, 2007 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 CONSULTANT'S invoice, after submission of claims on or
before May 2,2007. 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 disclosed to any third party, provided however that such
workpapers may be disclosed to appropriate governmental authorities for audit purposes.
CONSULTANT shall be entitled to retain copies of all data prepared.
7. Not Obligated To Third Parties. CITY 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 automotive liability insurance in an amount not less than
$1,000,000 aggregate applying to bodily injury, personal injury, and property damage.
9. Independent Contractor. CONSULTANT 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 employees.
10. Consultant Assistance If Audited. Upon notice of audit, CONSULTANT shall make
available to CITY and state auditors claim file information, and provide assistance to CITY in
defending claims submitted.
11. Consultant Liability If Audited. All work 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. CONSULTANT 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 Of Agreement. 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 the executed Agreement or a fax informing us of the City's intention to
continue our services is received by CONSULTANT by Friday April 6. 2007. 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 WELL OCIATES, INC.,
a Califor .
By: Date: March 14, 2007
David E. Wellhouse
President/CEO
CITY:
CITY OF CUPERTINO,
a municipality of the State of California
By: (!lrROL AIIdJl3f~ Date: .3 - /q - iJ 7
Name: l'.A-RJJL A1u )1}t/4
Title: 4ti/7~. 0e/ll/i'C eJ l) II<.. e ('--TV I~
Phone: 4 oJ? - 777 - ,-8 d2 C2-C)
14. Return of Signed Agreement. CONSULTANT shall be under no obligation to prepare
and file claims unless the executed Agreement or a fax informing us of the City's intention to
continue our services is received by CONSULTANT by Friday April 6. 2007. CONSULTANT may
extend this deadline on a case by case basis.
15. Entirety. The foregoing set forth the entire Agreement between the parties.
CONSUL TANT:
DAVID WEL
a Californ'
Date: March 14, 2007
By:
David E. Wellhouse
President/CEO
CITY:
CITY OF CUPERTINO,
a municipality of the State of California
By:
Date:
Name:
Title:
Phone:
~~
. David Wellhouse
...& Associates. Inc.
March 14, 2007
Ms. Carol A. Atwood
Director of Administrative Services
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Re: Proposal For Spring 2007 Domestic Violence Arrests & Victims Assistance State
Mandated Cost Claiming Services (SB90)
Dear Ms. Atwood:
It is now time for the next claiming cycle. The Commission on State Mandates (COSM) approved the
Parameters & Guidelines (Ps & Gs) for the Domestic Violence Arrests & Victims Assistance mandate and
the State Controller's Office issued Claiming Instructions NO. 2006-35.
The City is eligible to file claims for eight (8) previous fiscal years under this new reimbursable mandate.
The fiscal years available for claiming are as follows: 1/1/99-6/30/99,1999/2000,200012001,200112002,
2002/2003,2003/2004,2004/2005 (actual) and 200612007 (estimated). These claims are due to the State
Controller's Office on or before May 2,2007.
The mandated activities for Domestic Violence Arrests & Victims Assistance reside in the City's Police
Department. With the adoption ofthe Domestic Violence Arrests & Victims Assistance legislation back in
1998, the Police Department must give information to victims of domestic violence.
The following are reimbursable activities:
Providing victim cards to Domestic Violence victims. This includes explaining to
the victim, what the card is for and how to use it, as well as, answering any and all
questions the victim might have about the card or shelters.
Providing an interpreter at the scene to communicate the above to the victim.
One-time cost of updating the department's policy to conform with these requirements.
One-time cost of printing victims cards to include mandated information.
9175 Kiefer Boulevard. Suite 121 · Sacramento. California 95X26
(916) 36X-9244 · FAX (916) 36X-5723
Costs of Services
David Wellhouse & Associates, Inc. will prepare and file the City's Spring 2007 Domestic Violence Arrests
& Victims Assistance claims. These claims are for 1/1/99-6/30/99, and fiscal years 1999/2000,2000/2001,
200112002, 2002/2003, 2003/2004, 2004/2005 actual and 2006/2007 estimated claims for a fixed fee of
$ 3,000.00. Our fee for the preparation and filing of the City's Spring 2007 includes all time and expenses
necessary to prepare and file the City's claims. This fixed fee will be due upon the submission of claims to
the State Controller's Office on or before May 2,2007.
The Commission on State Mandates is currently working on a number of new test claims for cities as well
as the Parameters & Guidelines (P's & G's) for mandates previously found to be reimbursable in the test
claim phase.
1. Test Claims
Mandatory On-the-Job Training for Peace Officers Working Alone (Police Department)
Post Conviction: DNA Court Proceeding (Police Department)
Racial Profiling: Law Enforcement Training (Poliee Department)
Crime Victims' Domestic Violence Reports (Police Department)
Local Ageney Formation Commissions (LAFCO)
Hepatitis and Blood-Borne Illnesses Presumption for Law Enforcement & Firefighters (Pending Litigation)
Tuberculosis Presumption for Firefighter, Jail Guards, and Correctional Officers (Pending Litigation)
Meningitis Presumption for Law Enforcement and Firefighters (Pending Litigation)
Lower Baek Injury Presumption for Law Enforcement (Personnel Department)
Identity Theft (Police Department)
Domestie Violence Baekground Cheeks (Poliee Department)
Worker's Compensation Disability Benefits for Government Employees (Pending Litigation)
Crime Statistics Reports for the Department of Justice (Police Department)
Reserve Peace Officer Training (Police Department)
Peace Officers Procedural Bill of Rights II (Police Department)
Open Meetings Act II (Citywide)
2. Parameters & Guidelines (P's & G's) (previously found to be reimbursable mandates)
CIFIRS Manual (Fire Department)
Binding Arbitration (SB 402)
Loeal Recreation Areas: Background Screenings (Parks & Recreation Department)
Enclosed, please find two copies of our proposed Agreement for the preparation of the City's claims. If you
eould process this Agreement as quickly as possible, it would be greatly appreciated.
Please sien (or have siened) both copies. and return one copy of the Aereement to me in Sacramento
by Friday. April 6. 2007. Please keep the second copy for your files. Also. I would very much
appreciate it. if you would send me a fax or an e-mail statine the City's intention to continue our
services as soon as possible. so that we may eet started immediately.
The information needed from the Police Department should be minimal since we can access much of the
information needed through our records provided you have given us this information previously. We will,
however, need a contact from the Police Department to ask a few questions and get some information.
In the near future, we will be sending claim cover sheets for signature, as well as, a worksheet
explaining in detail the reimbursable activities of this mandate and the information needed from the
City .
We look forward to working with you and will call you within the next few weeks to discuss our proposed
services. Should you have any questions before then, please contact me or Renee at (916) 368-9244. Thank
you for your past support and consideration of our proposal. We hope to continue to serve the City of
Cupertino as a client for many years to come.
f
~\ ~~
David Wellhouse
President/CEO
Enclosures: