97-054 David Wellhouse & Assoc., consultant for state mandated cost reimbursement 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 and the Commission on State Mandates on behalf of CITY the following state
mandated cost (SB 90) claims and Incorrect Reduction Claims during the 1997-98 fiscal year.
A. Claims for the periods of 1/1/96 through 6/30/96 actual, Fiscal Year 1996/97
actual and 1997/98 estimated to be filed on or before May 20, 1998:
Investment Reports - Chapter 783, Statutes of 1995 and Chapters 156 and 749,
Statutes of 1996.
B. Preparation and filing of Incorrect Reduction Claims with the Commission on
State Mandates for the following applicable state mandated cost
claims
The Open Meetings Act - Chapter 641, Statutes of 1986.
The period of 8/29/86 through 6/30/87 and fiscal years 1987/88, 1988/89, 1989/90,
1991/92, 1992/93, 1993/94 and 1994/95.
CITY acknowledges that CONSULTANT does not warrant that claims and/or Incorrect Reduction
Claims will be filed for all of the mandates or years listed in this Section 1.
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 reimbursement claims in
accordance with the State Controller's claim filing deadline contained in the applicable State
Controller Claiming Instructions and the Commission on State Mandates regulations.
3. Compensation.
A. CITY agrees to pay CONSULTANT a fixed fee in the amount of$ 1,500.00 for
services provided under Section 1A., upon receipt of CONSULTANT'S invoice, after submission
of claims on or before May 20, 1998.
B. CITY agrees to pay CONSULTANT a fixed fee in the amount of$ 1,500.00 for
services provided under Section 1 B., upon receipt of CONSULTANT'S invoice, after submission
of incorrect reduction claims filed with the Commission on State Mandates.
4. Method Of Payment.
A. CITY agrees to pay said fixed fee identified in Section 1A within 30 days after
submission of claims on or before May 20, 1998 as specified in the State Controller's Claiming
Instructions and upon receipt of invoice from CONSULTANT.
B. CITY agrees to pay said fixed fee identified in Section 1B within 30 days after
submission of incorrect reduction claims as specified in the Commission on State Mandates
regulations and upon receipt of invoice from CONSULTANT.
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 or incorrect reduction 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
and incorrect reduction claims filed with the State and/or Commission on State Mandates within
30 days after filing. CONSULTANT shall, upon written request, make copies of work papers
available to CITY. CITY acknowledges that all such work papers are the property of CONSULTANT,
and may not be disclosed to any third party, provided however that such work papers 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, the
Commission on State Mandates 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 is received by consultant by February 19, 1998 for
Sections 1A, and 1 B. CONSULTANT may agree to extend this deadline upon written notice or on a
case by case basis.
15. Entirety. The foregoing set forth the entire Agreement between the parties with
respect to the PROJECT specified in Section 1.
CONSULTANT:
DAVID WELLHOUSE & ASSOCIATES, INC.,
a Califor ' oration
By: Date: January 20, 1998
David E. Wellhouse
President
CITY:
CITY OF CUPERTINO,
a municipality of the State of California
By: Date: ja.ii . a3, /998
Name: f<lfnberly £rnNEN
Title: O d'j Cl e r k
Spring 1998 Agreement
Spring 1998 Claims
Incorrect Reduction Claims/Open Meetings Act
i David Wellhouse
...&Associates, Inc.
January 20, 1998
Ms. Kimberly M. Smith
City Clerk
City of Cupertino
10300 Tone Avenue
Cupertino, California 95014
Re: Proposal For Spring 1998 State Mandated Cost Claiming Services and Preparation of
Incorrect Reduction Claims for Previously Filed Open Meetings Act Claims
Dear Ms. Smith:
David Wellhouse & Associates, Inc. offers its services to the City of Cupertino for the preparation and
filing of the City's state mandated costs claims as well as the preparation and filing of Incorrect Reduction
claims filed with the Commission on State Mandates for previously filed Open Meetings Act claims
David Wellhouse &Associates, Inc. (DWA) specializes in the state mandate reimbursement process.
Our main goal is to increase cities' state mandate cost reimbursements and offer the best claiming expertise
available.
The Commission on State Mandates approved the Parameters and Guidelines for Investment Reports
(Chapter 783, Statutes of 1995 and Chapters 156 and 749, Statutes of 1996) on November 20, 1997. The City
should be receiving the State Controller's Claiming Instructions for these claims on or about January 20,
1998. The City is now eligible to claim and recover costs relating to this legislation. The Investment Reports
legislation requires the City to render and update an annual statement of investment policy and a quarterly
report of investments containing specified information to the City Council and oversight committee.
In addition to the above claiming opportunity DWA recommends the City file Incorrect Reduction
claims with the Commission on State Mandates as a response to the Controller's Office audit disallowances
and as the only route to payment of the City's previously filed Open Meetings Act claims. As you recall, we
have been disputing these disallowances and working with the Controller's Office for nearly six years in an
attempt to recover reimbursement dollars improperly denied by the Controller. Most cities have filed Open
Meetings Act claims from fiscal Year 1986/87 to present. The Open Meetings Act claims at issue here are
fiscal years 1986/87, 1987/88, 1988/89, 1989/90, 1991/92, 1992/93, 1993/94 and 1994/95. The last two fiscal
years 1995/96 and 1996/97 have not been fully audited at this time however I do not expect the Controller's
audit process to change. Therefore, if the cities are successful before the Commission this could change the
outcome of the 1995/96 and 1996/97 fiscal year claims and all future claims as well as require the
Controller's Office to re-audit the previously filed Open Meetings Act claims for payment.
9175 Kiefer Boulevard, Suite 121 • Sacramento, California 95826
(916) 368-9244 • FAX (916) 368-5723
I believe it is extremely important to file these Incorrect Reduction claims not only to recover
multiple years of reimbursable expenses improperly denied, but help guard future reimbursements from a
similar fate of unfair and quite impossible audit requirements made after the fact.
Claims to be Filed
David Wellhouse & Associates, Inc. will identify all reimbursable costs, prepare all claims on behalf of the
City of Cupertino and file those claims with the State Controller's Office and the Commission on State
Mandates.
Claims for the periods of 1/1/96 through 6/30/96 actual, fiscal year 1996/97 actual and fiscal
year 1997/98 estimated claims to be filed on or before May 20, 1998.
Investment Reports - Chapter 783, Statutes of 1995 and Chapters 156, 749, Statutes of 1996
This claim represent the City's claiming opportunity for costs associated with the preparation and
annual updating of the required investment policy and quarterly reporting as well as all activities
which are required in order to produce the required policy and reports.
Preparation and filing of all applicable Incorrect Reduction claims with the Commission on
State Mandates for the following applicable reduced state mandated cost claims
Open Meetings Act- Chapter 641, Statutes of 1986
The period of 8/29/86 through 6/30/87 and fiscal years 1987/88, 1988/89, 1989/90, 1991/92,
1992/93, 1993/94 and 1994/95.
Costs of Services
David Wellhouse &Associates, Inc. will prepare and file the City's 1995/96, 1996/97 and 1997/98
Investment Report Claims for a fixed fee of$ 1,500.00. As always, our fee 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 the deadline of May 20, 1998 as set forth in the State Controller's
Claiming Instructions.
David Wellhouse & Associates, Inc. will prepare and file all applicable Incorrect Reduction Claims with
the Commission on State Mandates. These incorrect reduction claims shall be based on the number of Open
Meetings Act claims previously filed by the City and reduced by the State Controller for a fixed fee of
$1,500.00. As always, our fee 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 Commission on State Mandates as specified
in the Commission's regulations.
Consulting fees for the preparation of all reimbursement claims to date have been fully reimbursed by the
State Controller's Office through the Mandate Reimbursement claim. DWA shall include all applicable fees
in the City's 1997-98 actual Mandate Reimbursement Process claim which is filed during the Fall 1998
claiming cycle provided DWA continues to prepare and file state mandated cost claims on behalf of the City.
Consulting fees for the preparation of incorrect reduction claims to date have been fully reimbursed by the
State Controller's Office through the Mandate Reimbursement claim provided the claims are successful.
DWA shall include all applicable fees in the City's Mandate Reimbursement Process claim which is filed
during the Fall 1998 claiming cycle provided DWA continues to prepare and file state mandated cost claims
on behalf of the City.
This claim should be paid to the City 60 days after submission to the State Controller's Office on November
30, 1998. This should put payment to the City around the end of January 1999.
Enclosed,please find two copies of our proposed Agreement and our proposed Amendment for the
preparation of the City's claims. Based upon our conversation during my visit to the City last Fall, I am also
enclosing an amendment to the Fall 1997 previous contract. Since it has always been our goal to make this
process as easy on you and the City. Please use either the proposed Agreement or the proposed
Amendment which ever is easier for you.
We look forward to continuing our service to the City of Cupertino. In order for us to insure timely
preparation and filing of the above claims,please sign and return one copy of the Agreement or Amendment
to me in Sacramento by February 19, 1998.
Should you have any questions, please contact me 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.
David Wellhouse
President
ac4th City Hall
5 1i% �;�'' 10300 Torre Avenue
..� ! ' Cupertino,CA 95014-3255
Telephone: (408)777-3223
F+ FAX: (408)777-3366
OFFICE OF TME CITY CLERK
August 18, 1997
David Wellhouse & Associates, Inc.
9175 Kiefer Boulevard, Suite 121
Sacramento, California 95826
PROPOSAL FOR FALL 1997 STATE MANDATED COST CLAIMING SERVICES (SB90)
Enclosed is an executed copy of the agreement between the City of Cupertino and David Wellhouse &
Associates, Inc.
If you have any questions or need additional information, please call me at (408) 777-3217.
Sincerely, 6N
KIMBERLY 0 ITH, CMC
CITY CLERK
KS/cs
David Wellhouse_
...&Associates, Inc.
July 30, 1997
Ms. Kimberly M. Smith
City Clerk
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Re: Proposal For Fall 1997 State Mandated Cost Claiming Services (SB90)
Dear Ms. Smith:
Although the 1997/98 State Budget has not yet been signed (and it any ones guess when that might be) it
is now time to prepare for the preparation and filing of the City of Cupertino's state mandated cost claims.
The City's 1996/97 actual claims were appropriated in last year's budget. Funding is again shown, in the
1997/98 budget, for all claims filed last year as well as two additional claims. The two new claims are
Regional Housing Needs and Search Warrant: Aids. The Regional Housing Needs claim shows as
reinstated in the 1997/98 budget. This claim has been suspended since the 1992/93 fiscal year. Since the
proposed appropriation only covers the 1997/98 fiscal year cities will be able to file a 1997/98 estimated
claim. The second claim is Search Warrant: Aids is funded for both the 1996/97 and for the 1997/98 fiscal
years.
Consistent with our main goal of increasing cities state mandated cost reimbursements, David Wellhouse
& Associates, Inc. (DWA) is constantly looking for additional state mandates and areas of funding to
better serve cities in the state mandate reimbursement process. During the past years, DWA has worked
with a number of agencies and the California State Firefighter's Association to restore retroactive funding
for the Firefighter's Safety Clothing and Equipment mandate which the State suspended in the 1992-93
fiscal year. This process will again continue throughout the year.
DWA worked with the Department of Finance, Commission on State Mandates State Controller's Office
and the City of Stockton to recoup funding for costs associated with the Missing Persons III mandate
during 1994-95 fiscal year. This claim was filed on July 28, 1997 and should be paid within 60 days.
DWA was instrumental in bringing back funding for the 1997/98 Business License Tax Reporting
mandate which was suspended in the Governor's Budget back in January. The 1997/98 proposed budget
shows $ 3,666,000 for 1997/98 costs.
9175 Kiefer Boulevard, Suite 121 • Sacramento, California 95826
(916) 368-9244 • FAX (916) 368-5723
We will then cost out each program and prepare indirect cost rate proposals in order to fully maximize the
City's reimbursement. DWA will then prepare all claims on behalf of the City and submit these claims to
the State Controller's Office in person. Upon the submittal of claims to the State Controller's Office we
will obtain a receipt signed by the Controller's staff certifying the acceptance and timely filing of each
claim prepared. We will always share with the City our recommendations on procedures the City can
follow to ensure full maximization of future reimbursements.
Costs of Services
David Wellhouse & Associates,Inc. will prepare and file the City's 1996-97 actual and 1997-98
estimated claims for a fixed fee of$ 2,750.00. As always our fee 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 the November 30, 1997 deadline as set forth in the State Controller's
Claiming Instructions.
Consulting fees for the preparation of all claims to date have been fully reimbursed by the State
Controller's Office through the Mandate Reimbursement claim. DWA proposes to include all applicable
fees in the City's 1997-98 estimated Mandate Reimbursement Process claim that we will file on behalf of
the City. This claim should be paid to the City 60 days after submission to the State Controller's Office on
November 30, 1997. This should put payment to the City around January 1998.
Enclosed, please find two copies of our proposed Agreement for the preparation of the City's claims.
Should the City wish to continue our services, please sign and return one copy of the Agreement to me in
Sacramento prior to September 15, 1997.
I will be contacting you in the near future to discuss our proposed services to the City. Should you have
any questions before then, please contact me at (916) 368-9244. Thank you for your past support and
consideration of our proposal. We hope to serve the City of Cupertino as a client for many years to come.
Sincere _e
40
David Wellhouse
President
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
1997-98 fiscal year.
Claims for 1996-97 actual and 1997-98 estimated to be filed on
or before November 30, 1997:
• The Open Meetings Act— Chapter 641, Statutes of 1986.
• Business License Tax Reporting Requirements — Chapter 1490, Statutes
of 1984.
• Mandate Reimbursement Process — Chapter 486, Statutes of 1975, and
Chapter 1489, Statutes of 1984.
• Absentee Ballots — Chapter 77, Statutes of 1978.
• Firefighter Cancer Presumption — Chapter 1568, Statutes of 1982.
• Peace Officer's Cancer Presumption — Chapter 1171, Statutes of 1989.
• Stolen Vehicle Notifications — Chapter 337, Statutes of 1990
• Rape Victims Counseling Center Notices — Chapter 999, Statutes of 1991
• Misdemeanors: Booking & Fingerprinting — Chapter 1105, Statutes of 1992
• Law Enforcement/Inmate Aids Testing — Chapter 1597, Statutes of 1988
• Search Warrant: Aids — Chapter 1088, Statutes of 1988
• Regional Housing Needs — Chapter 1143, Statutes of 1980
CITY acknowledges that CONSULTANT does not warrant that claims will be filed for all of
the mandates listed in this Section 1.
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 of
$ 2,750.00 for services provided under Section 1 of PROJECT.
4. Method Of Payment. CITY agrees to pay said fixed fee for services provided
under Section 1 of PROJECT upon receipt of CONSULTANT'S invoice, after submission of claims
on or before November 30, 1996. City further agrees to pay CONSULTANT'S invoice within thirty
(30) 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 the 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 is received by CONSULTANT by
September 15, 1997. CONSULTANT may agree to extend this deadline upon written notice or on
a case by case basis.
15. Entirety. The foregoing set forth the entire Agreement between the parties.
CONSULTANT:
DAVID WEL OUSE & ASSOCIATES, INC.,
a Califo •' • r ation
ispAr
By: Date: July 30, 1997
David E. Wellhouse
President
CITY:
CITY OF CUPERTINO,
a municipality of the State of California
By: r_6nCtt Date: a /l, /997
Name: Kimberly cSrni v
Title: City Clerk
In addition, DWA has been working very hard to correct the mistake made by the State Controller's
Office regarding the 1994/95 Open Meetings Act payments (or lack of payments) made back on June 2,
1997. We were able to determine that the Controller's Office did not look at any of the material requested
and submitted under the Open Meetings Act Claim Settlement back in February of 1996. At that time
cities submitted all agendas as documentation for all Open Meetings Act claim up through the 1994/95
fiscal year. The Controller has now gone back and is in the process of reissuing payments and another
letter dated July 12, 1997. We have more work to do in the Open Meetings Act arena in the future but at
least the Controller's Office admitted the mistake and reissued the payments. If you have not already done
so please fax or mail copies of both the June 2, 1997 and the July letter on the 1994/95 Open Meetings
Act payments to me.
David Wellhouse &Associates, Inc. (DWA) specializes in the state mandate reimbursement process. Our
main goal is to increase cities' state mandate cost reimbursements and offer the best claiming expertise
available.
This proposal outlines both the claims available to the City and the advantages of utilizing David
Wellhouse & Associates, Inc. in the identification and preparation of the City's state mandated cost
claims.
Advantages of David Wellhouse & Associates, Inc.
• Knowledge and Understanding of Mandates and Reimbursable Costs
Having worked with over 150 local agencies filing hundreds of state mandate claims, we have
a thorough understanding of city operations and costs relating to the reimbursement of state
mandates and can fully maximize the City's state mandate reimbursements.
♦ Service Oriented Approach
David Wellhouse & Associates, Inc. continues our service oriented approach as the
cornerstone of its relationship with clients. We propose not only to file your claims, but to
assist the City in identifying additional potentially reimbursable state mandates. Once
identified, we will fully assist the City in the preparation and filing of test claims, thereby
strengthening the SB90 process and increasing the City's future reimbursement. We believe
this is an important long-term benefit to the City that should not be overlooked.
In addition, we are always available to answer any and all questions regarding state mandate
issues. We know that year-round service can be just as important to the City as the
preparation of claims.
We propose this service oriented approach as part of our claiming services, at no additional
cost to the City. Our fee is based solely upon the filing of the City's state mandated
reimbursement claims.
• Increased Reimbursement Through Indirect Costs
Our experience in preparing departmental indirect cost rate proposals ensures that claims filed
by us include departmental overhead, as well as direct costs incurred as a result of compliance
with state mandated programs. By developing these rates,we are often able to substantially
increase your reimbursement.
' • Reimbursement of Claim Preparation Fee
The costs for the preparation of past claims have been fully reimbursed by the State through
the Mandate Reimbursement Process claim. This reimbursement has included city staff time,
as well as consulting fees.
• Close Working Relationship With State Agencies
We work closely with the State Controller's Office, Department of Finance and the
Commission on State Mandates, the commission that hears state mandates issues. We
stay in close contact with state staff involved in this process and are aware of the latest
decisions and issues that can affect the City's reimbursements.
• Assistance ifAudited
David Wellhouse & Associates, Inc. will assist the City in defending claims which result in an
audit disallowance. Having worked closely with the State Controller's Office for many years,
DWA is in a strong position to assist the City in defending claims should the need arise.
Claims to be Filed
David Wellhouse &Associates, Inc. will identify all reimbursable costs, prepare all claims on behalf of
the City of Cupertino and file those claims with the State Controller's Office.
1996-97Actual and 1997-98 Estimated Claims: Due November 30, 1997
These claims represent the City's annual claiming opportunity and are due to the State
Controller on November 30, 1997. DWA will prepare and file the City's 1996-97 actual
and 1997-98 estimated reimbursement claims.
The following claims apply to the City's finance, fire,police and clerk departments.
Chapter 1490, Statutes of 1984 Business Tax Reporting Requirements
Chapter 641, Statutes of 1986 Open Meetings Act
Chapter 486, Statutes of 1975 Mandate Reimbursement Process
Chapter 1568, Statutes of 1982 Firefighters Cancer Presumption
Chapter 1171, Statutes of 1989 Peace Officers Cancer Presumption
Chapter 77, Statutes of 1978 Absentee Ballots
Chapter 337, Statutes of 1990 Stolen Vehicle Notifications
Chapter 999, Statutes of 1991 Rape Victims Counseling Center Notices
Chapter 1105, Statutes of 1992 Misdemeanors: Booking & Fingerprinting
Chapter 1579, Statutes of 1988 Law Enforcement/Inmate Aids Testing
Chapter 1088, Statutes of 1988 Search Warrant: Aids
Chapter 1143, Statutes of 1980 Regional Housing Needs
The Claiming Process
David Wellhouse &Associates proposes to meet with city staff to identify all mandates and costs that are
eligible to the City of Cupertino. We conduct on-site interviews of all city employees who perform and
supervise these mandated activities to determine the procedures used by the City to comply with each
mandate available for reimbursement.