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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-~ Phone• ~~g - `7-7 7 - ~~-~3