13-191 David Wellhouse & Associates Inc., Consultant Service for Preparation and Filing of Claims for State Mandated Cost ReimbursementDecember 11, 2013
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE: ^ CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupertiiio.org
David Welthouse & Associates, Inc.
3609 Bradshaw Road, Suite H
Sacramento, CA 95827
Re: Agreement with the City of Cupertino
Enclosed is a fully executed original copy of your agreement with the City of Cupertino.
If you have any questions or need additional information, please contact our office at
(408) 777 -3223.
Sincerely,
G
Dorothy Ste fott
Senior Office Assistant
Enclosure
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 (SB 90) claims during the 2012 -2013
fiscal year.
A. February 2014 Annual Claims for fiscal year 2012 -2013 actual claims to be
prepared and filed on or before February 18, 2014 as required by the State
Controller's Claiming Instructions.
Domestic Violence Arrests & Victim Assistance - Chapter 698 & 702, Statutes of 1998
Brendon McGuire Act - Chapter 391, Statutes of 1988
Rape Victims Counseling Center Notices - Chapter 999., Statutes of 1991
Domestic Violence Arrest Policies and Standards - Chapter 246, Statutes of 1995.
Threats Against Police Officers - Chapter 1249, Statutes of 1992
Health Benefits for Survivors of Peace Officers and Firefighters - Chapter 1120/96
Peace Officer Procedural Bill of Rights - Chapter 465, Statutes of 1976
Administrative License Suspension - Chapter 1460, Statutes of 1989
Peace Officer Personnel Records - Chapter 741, Statutes of 1994
False Reports of Police Misconduct - Chapter 590, Statutes of 1995
California Public Records Act - Chapter 982, Statutes of 2000 & 2001
Identity Theft - Chaapter 956, Statutes of 2000
Local Government Employee Relations - Chapter 901, Statutes of 2000
Crime Victim's Domestic Violence Incident Reports - Chapter 1.022, Statutes of 1999
B. California Public Records Act - fiscal year 2001/2002 through 2011/2012 actual
claims to be filed on or before February 28, 2014 as required by the State
Controller's Claiming Instruction No. 2013 -24.
CITY acknowledges that CONSULTANT does not warrant that claims will be filed for all of the
mandates listed in 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 Renee 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.
A. CITY agrees to pay CONSULTANT a fixed fee in the amount of $4,000.00 for
services provided under Section 1A. of PROJECT, upon receipt of CONSULTANT'S invoice, after
submission of claims as required by the State Controller's Claiming Instructions.
B. CITY agrees to pay CONSULTANT a fixed fee in the amount of $3,000.00 for
services provided under Section 1 B. of PROJECT, upon receipt of CONSULTANT'S invoice, after
submission of claims 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 1A and 1B of PROJECT upon receipt of CONSULTANT'S invoice, after
submission of claims as required by the State Controller's Claiming Instructions. 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 mile 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, spE�cifying 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 is received by mail or email of the City's
intention to continue our services and received by CONSULTANT by December 17, 2013.
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 WELLHOUSE & ASSOCIATES, INC.,
a California corporation
By.
Renee M. Wellhouse
President
CITY:
CITY OF CUPERTINO,
a municipality of the State of California
By: ) -"
Name: P-IJI-cl Kr,�Jt
Title. 2,1
Phone: 000 r §Z S-')
Date: November 6, 2013
Date: 1Z 1,71 /