HomeMy WebLinkAboutDavid M Griffith & Associates; 1996-08-19;: --
August 20,1996
Allan P. Burdick
David M. Griffith & Associates, LTD.
4320 Auburn Boulevard, Suite 2000
Sacramento, CA 95841
STATE MANDATED COST CLAIMING SERVICES
I am enclosing, for your files, a signed copy of the Agreement between the City of Carlsbad and
David M. Griffith and Associates, LTD.
If I may be of any assistance, please call me at 619/434-2971. I look forward to working with you
in the upcoming jear. ,.
Sincerely,
HELGA STOVER
Accountant
HS/mbh
Enclosure
1200 Carlsbad Village Drive - Cartsbad, CA 92008-l 989 l (619) 434-2882 l FAX (619) 434-8164 @
Agreement to Provide Contract Number:
F96-020
Mandated Cost Claiming Services
The City of Carlsbad (hereinafter “City”) and David M. Griffith & Associates, Ltd. (Hereinafter
“Consultant”) jointly agree as follows:
1. Scope of Services
The Consultant shall prepare claims for reimbursable state mandated costs as provided
herein.
A. Annual State Mandated Cost Reimbursement Claims
The Consultant shall prepare and file applicable actual annual state mandate cost
reimbursement claims for the 1995-96 fiscal year and estimated claim(s) for the 1996-97
fiscal year. The following is a list of eligible claims:
(1)
(2)
(3)
(4)
(5)
0%
(7)
(8)
(9)
(10)
(11)
Open Meetings Act as specified in Chapter 641, Statutes of 1986.
Business License Tax Reporting as specified in Chapter 1490,
Statutes of 1984.
Absentee Ballots as specified in Chapter 77, Statutes of 1978.
Mandate Reimbursement Process as specified in Chapter 486, Statutes of 1975
and Chapter 1489, Statutes of 1984.
Firefighter Cancer Presumption as specified in Chapter 1568, Statutes of 1982.
Peace Offker Cancer Presumption as specified in Chapter 1171, Statutes of 1989.
Stolen Vehicle Notification as specified in Chapter 337, Statues of 1990.
Rape Victim Counseling Center Notices as specified in Chapter 999, Statues of
1991.
Law Enforcement Inmate AIDS Testing as specified in Chapter 1579, Statues of
1988 and Chapter 768, Statutes of 1991.
Misdemeanors: Booking and Fingerprinting as specified in Chapter 1105,
Statutes of 1992.
Other claims: The Consultant may also file additional claims if any such eligible
claims remain.
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2.
3.
The fiscal year 1995-96 actual claims to be filed are claims that are included in the State
Controller’s Claiming Instructions that provide for timely filed claims to be submitted by
November 30,1996.
B. All Other Claims for Which Claiming Instructions Are Issued in FY 1996-97
With the exception of the claims in Scope of Services l.A. above, the Consultant shall
prepare, submit and file on the City’s behalf, all other applicable actual and estimated
State mandated cost reimbursement claims for which State Controller Claiming
Instructions are issued in the 1996-97 fiscal year. These claims include the following:
(1) 1996 Annual Claims Bill claims - These include all applicable eligible claim(s)
authorized or funded by SB 91 (Thompson) of the 19.96 California Legislative
Session and/or any other 1996 California legislation containing an appropriation
for state mandated cost reimbursement claims.
(2) Other New State Mandated Cost Reimbursement Claims - With the exception of
the claims contained in Scope of Services 1 .A. and 1 .B.( 1) above, these claims
include all eligible actual and estimated reimbursement claims authorized for
filing pursuant to State Controller Claiming Instructions which are issued during
the 1996-97 fiscal year.
Consultant Claim Filinp Requirements
The Consultant shall file these claims to the extent that appropriate documentation is
available and verifiable. The City explicitly acknowledges that the Consultant does not
warrant under Scope of Services that claims will be filed for all of the applicable
mandates listed.
Costs and Method of Comuensation
A. Scope of Services 1.A. - Annual State Mandated Cost Reimbursement Claims
For all of the above services provided pursuant to Scope of Services 1 .A., the City
agrees to pay the Consultant upon submission of the claims to the State
Controller, a fixed fee of three thousand nine hundred dollars ($ 3,900). The
fixed fee shall be due upon receipt of Consultant’s invoice following submission
of such claims.
B. Scope of Services l.B. - Annual Claims Bill Claims and All Other New
Claims for Which Claiming Instructions are Issued in FY 1996-97
At its discretion, the City shall at the time of contract execution. select either of
the two methods of compensation described below. Selection of the preferred fee
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and payment arrangement shall be made by checking the appropriate box adjacent
to the preferred option.
cl OPTION I: Fixed Fee Arrangement
For all the above services provided pursuant to Scope of Services 1 .B.( 1) and (2),
the City agrees to pay the Consultant upon submission of the claims to the State
Controller, a fixed fee of two thousand five hundred dollars ($ 2,500). The fixed
fee shall be due upon receipt of Consultant’s invoice following submission of such
claim(s).
OPTION 2: Contingent Fee Arrangement
For all of the above services provided pursuant to Scope of Services 1 .B.(l) and
(2), the City agrees to pay the Consultant a fee equal to thirty percent (30%) of all
claim(s) filed and paid by the State to a maximum of three thousand dollars ($
3,000). If the amount of Consultant filed claims is less than one thousand six
hundred and sixty-seven dollars ($1,667), the City shall pay the consultant a fixed
fee of five hundred dollars ($500). Payment for contingent claiming shall be made
from monies actually received from the State resulting from the Consultant’s
efforts. Monies received shall be defined as actual payments resulting from the
Consultant’s filing of actual and estimated state mandated cost reimbursement
claim(s) listed in Scope of Services 1 .B.(l) and (2). The fee, which in no case
shall exceed the maximum amount, is due within thirty days of City receipt of
reimbursement from the State.
4. Services and Materials to be Furnished bv the Citv
The Consultant shall provide guidance to the City in determining the data required for
claims submission. The Consultant shall assume all data so provided to be correct. The
City further agrees to provide all specifically requested data, documentation and
information to the Consultant in a timely manner. Consultant shall make its best effort to
file claims in a timely manner pursuant to Scope of Services. Consultant shall not be
liable for claims that cannot be filed as a result of inadequate data or data provided in an
untimely manner. For purposes of this Agreement, data that is requested by the
Consultant must be provided within three weeks of the request, or three weeks prior to the
filing deadline, whichever would come first, to be deemed to have been received in a
timely manner. It is the responsibility of the City to provide the Consultant with payment
information upon receipt of disbursements from the State for any and all claims filed
pursuant to this agreement.
5. Not Obligated to Third Parties
The City shall not be obligated or liable hereunder to any party other than the Consultant.
6. Consultant Liabilitv if Audited
The Consultant will assume all financial and statistical information provided to the
Consultant by City employees or representatives is accurate and complete. Any
subsequent disallowance of funds paid to the City under the claims for whatever reason is
the sole responsibility of the City.
7. Indirect Costs
The cost claims to be submitted by the Consultant may consist of both direct and indirect
costs. The Consultant may either utilize the ten percent (10%) indirect cost rate allowed
by the State Controller or calculate a higher rate if City records support such a
calculation. The Consultant by this Agreement is not required to prepare a central service
cost allocation plan or a departmental indirect cost rate proposal for the City.
8. Consultant Assistance if Audited
If audited, the Consultant shall make workpapers and other records available to the State
auditors. If requested by the City, the Consultant shall provide assistance to the City in
defending claims submitted if an audit results in a disallowance of at least twenty percent
(20%) or seven hundred fifty dollars ($750), whichever is greater. Reductions of less
than twenty percent (20%) or seven hundred fifty dollars ($750) shall not be contested by
the Consultant.
9. Insurance
Consultant shall acquire and maintain appropriate general liability insurance, workers’
compensation insurance, automobile insurance, and professional liability insurance.
10. Chawes
The City may, from time to time, require changes in the scope of services of the
Consultant to be performed hereunder. Such changes, which are mutually agreed upon by
and between the City and the Consultant, shall be incorporated in written amendment to
this agreement.
11. Termination of Agreement
If, through any cause, the Consultant shall fail to fulfil1 in timely and proper manner its
obligation under this agreement, the City shall thereupon have the right to terminate this
agreement by giving written notice to the Consultant of such termination and specifying
the effective date thereof, at least five (5) days before the effective date of such
termination.
i
12.
13.
Citv Contact Person
The City designates the following individual as contact person for this contract:
Name: -j-k.\qk &de< Telephone: Cp \ 4 4 4 3u( - 2q?\
Title: A @,OWl~~ Fax: b\ct- ‘+3’4-%\b+
Address: I200 &k&b& ~i~~~~~ ‘DYI’W &l&Xd L-6) qu>O%
Contract Validitv Date
To be valid this contract must be signed by the City by September 20, 1996. If signed
after that date the Consultant cannot guarantee acceptance of the Agreement unless
otherwise agreed upon.
OFFER IS MADE BY CONSULTANT
Date: Awust 9,1996
David M. Griffith & Associates, Ltd.
Vice President