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17-004 David Wellhouse & Associates for Preparation and Filing of Claims for State Mandated Cost ReimbursementAGREEMENT 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 "CONSUL TANT". Whereas, CITY desires to engage the services of a consultant to prepare and file claims for State Mandated Cost Reimbursement, and CONSUL TANT has been selected to perform said services, now, therefore , it is agreed by CITY and CONSUL TANT as follows : 1. Claims To Be Filed. CONSUL TANT shall prepare and file with the State Controller's Office on behalf of CITY, the following state mandated cost (SB 90) claims during the 2015-2016 fiscal year. A. February 2017 Annual Claims for fiscal year 2015-2016 actual claims to be prepared and filed on or before February 15, 2017 as required by the State Controller's Claiming Instructions. Domestic Violence Arrests & Victim Assistance -Chapter 698 & 702 , Statutes of 1998 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 lnteragency Child Abuse and Neglect Investigation Reports -Chapter 916, Statutes of 2000 Administrative License Suspension -Chapter 1460 , Statutes of 1989 Peace Officer Personnel Records -Chapter 7 41, Statutes of 1994 Peace Officer Procedural Bill of Rights II -Chapter 170 , Statutes of 2002 Local Government Employee Relations -Chapter 901 , Statutes of 2000 Crime Victim's Domestic Violence Incident Reports -Chapter 1022, Statutes of 1999 Accounting for Local Revenue Realignments -Chapters162, Statutes of 2003 Pesticide Use Reports -Chapter 1200, Statutes of 1989 State Authorized Risk Assessment Tool for Sex Offenders -Chapter 336, Statutes of 2006 Tuberculosis Control -Chapter 1763, Statutes of 2002 CITY acknowledges that CONSUL TANT does not warrant that claims will be filed for all of the mandates listed in Section 1. CONSUL TANT 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. CONSUL TANT 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 CONSUL TANT 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. 4. Method Of Payment. CITY agrees to pay said fixed fees 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 . 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 CONSUL TANT in the performance of this agreement. CITY shall provide CONSUL TANT 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. CONSUL TANT 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. CONSUL TANT shall, upon written request, make copies of work papers available to CITY. CITY acknowledges that all such workpapers are the property of CONSUL TANT, and may not be disclosed to any third party, provided however that such workpapers may be disclosed to appropriate governmental authorities for audit purposes . CONSUL TANT 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 CONSUL TANT. 8. Insurance. CONSUL TANT 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. CONSUL TANT is, and shall be, acting at all times in the performance of this agreement as an independent contractor. CONSUL TANT 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 CONSUL TANT 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. CONSUL TANT 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 CONSUL TANT, 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 mail or e-mail of the City 's intention to continue our services and received by CONSUL TANT by January 13, 2017 . CONSUL TANT 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 WELLHOUSE & ASSOCIATES, INC., a California Corporation Renee M. Wellhouse President CITY: CITY OF CUPERTINO, a municipality of the State of California By: ----------- Name: Title: Phone: ----------- Date: November 18, 2016 Date: 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 "CONSUL TANT". Whereas, CITY desires to engage the services of a consultant to prepare and file claims for State Mandated Cost Reimbursement, and CONSUL TANT has been selected to perform said services, now, therefore, it is agreed by CITY and CONSUL TANT as follows : 1. Claims To Be Filed. CONSUL TANT shall prepare and file with the State Controller's Office on behalf of CITY, the following state mandated cost (SB 90) claims during the 2015-2016 fiscal year. A. February 2017 Annual Claims for fiscal year 2015-2016 actual claims to be prepared and filed on or before February 15, 2017 as required by the State Controller's Claiming Instructions. Domestic Violence Arrests & Victim Assistance -Chapter 698 & 702, Statutes of 1998 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 lnteragency Child Abuse and Neglect Investigation Reports -Chapter 916, Statutes of 2000 Administrative License Suspension -Chapter 1460, Statutes of 1989 Peace Officer Personnel Records -Chapter 7 41, Statutes of 1994 Peace Officer Procedural Bill of Rights II -Chapter 170, Statutes of 2002 Local Government Employee Relations -Chapter 901 , Statutes of 2000 Crime Victim's Domestic Violence Incident Reports -Chapter 1022, Statutes of 1999 Accounting for Local Revenue Realignments -Chapters162, Statutes of 2003 Pesticide Use Reports -Chapter 1200, Statutes of 1989 State Authorized Risk Assessment Tool for Sex Offenders -Chapter 336, Statutes of 2006 Tuberculosis Control -Chapter 1763, Statutes of 2002 CITY acknowledges that CONSUL TANT 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". CONSUL TANT 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 CONSUL TANT 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. 4. Method Of Payment. CITY agrees to pay said fixed fees 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. 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 CONSUL TANT 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. CONSUL TANT shall not be liable for claims that are not filed or incorrectly filed due to inaccurate or untimely data. 6. Disposition Of Documents. CONSUL TANT shall furnish to CITY copies of all claims filed with the State within 30 days after filing. CONSUL TANT shall, upon written request, make copies of work papers available to CITY. CITY acknowledges that all such workpapers are the property of CONSUL TANT, and may not be disclosed to any third party, provided however that such workpapers may be disclosed to appropriate governmental authorities for audit purposes. CONSUL TANT 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 CONSUL TANT. 8. Insurance. CONSUL TANT 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. CONSUL TANT is, and shall be, acting at all times in the performance of this agreement as an independent contractor. CONSUL TANT 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 CONSUL TANT and its officers, agents and employees. 10. Consultant Assistance If Audited. Upon notice of audit, CONSUL TANT 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. CONSUL TANT shall make every effort to prepare departmental Indirect Cost Rate Proposals for claims submitted, provided CITY financial information and departmental costs support such rates. CONSULT ANT 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 CONSUL TANT, 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 mail or e-mail of the City's intention to continue our services and received by CONSUL TANT by January 13, 2017. CONSUL TANT 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 WELLHOUSE & ASSOCIATES, INC., a California Corporation Renee M. Wellhouse President CITY : CITY OF CUPERTINO, a municipal"~ of the State of California Date: November 18, 2016 By: ----""'----------Date: _____ _ Name: 'Dt¼JJ\l 73 ,~t Title: C1 '·EJ (V\aK\ ~ rJVC Phone: l/0 o-111 · ]21 "-. !f1J~s+ : _0/,«~lt 1-17-17 €~ Jc_ lu1A/Jt) LI~ Ll ~ k_ -