1998-126-Execute An Agreement With David M. Griffith-Maximus To Provide State Mandated Cost Reimbursement Claiming Services For The TownRESOLUTION 1998 -126
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT
WITH DAVID M. GRIFFITH - MAXIMUS
TO PROVIDE STATE MANDATED COST REIMBURSEMENT
CLAIMING SERVICES FOR THE TOWN OF LOS GATOS
WHEREAS, the Town desires to obtain services to provide state mandated cost
reimbursement claiming services for the Town of Los Gatos.
WHEREAS, the Town first entered into an agreement with David M. Griffith - Maximus to
obtain services to provide state mandated cost reimbursement claiming services in 1989,
WHEREAS, David M. Griffith- Maximus is fully qualified to provide state mandated cost
reimbursement claiming services,
THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Los Gatos,
County of Santa Clara, State of California, that the Town of Los Gatos enter into an agreement
(Attached as Exhibit A) with David M. Griffith - Maximus for service to provide state mandated cost
reimbursement claiming services, and that the Town Manager is authorized, and is hereby directed,
to execute said agreement in the name and on behalf of the Town of Los Gatos.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los
Gatos, California, held on the 3th day of August, 1998 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Jan Hutchins,
Mayor Linda Lubeck
NAYS: None
ABSENT: None
ABSTAIN: None
SIGNED: v� z -
MAYOR OF THE TOWN OF LOS GATOS
Contract Number: F98 -089
OFFICE F THE TOWN CLERK
RGR
Agreement to Provide ilal
Mandated Cost Claiming Services ORD
REC _
THIS AGREEMENT, entered into this day of RE80 1999
effective immediately by and between DMG- MAXIMUS (hereinafter "Consultant ") and the
Town of Los Gatos (hereinafter "City "),
WHEREAS, Article XIIIB of the California State Constitution provides that cities may recover
costs associated with carrying out programs mandated by the State of California,
WHEREAS, the City desires to obtain maximum reimbursement for costs incurred in carrying
out State mandated programs, and has determined that engaging the Consultant to assist in the
mandated cost claim preparation process is the most economical and cost effective means for
preparing the City's state mandated cost claims; and
WHEREAS, the Consultant is staffed with personnel knowledgeable and experienced in
determining the costs of governmental programs and in the submission of cost claims to the State
of California, and
WHEREAS, the City desires to engage the Consultant to assist in developing, submitting, and
negotiating cost claims pertaining to state mandated programs.
NOW, THEREFORE, the parties hereto mutually 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 mandated cost
reimbursement claims for the 1997 -98 fiscal year and estimated claim(s) for the 1998 -99
fiscal year. The fiscal year 1997 -98 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, 1998.
B. All Other Claims for Which Claiming Instructions Are Issued in FY 1998 -99
With the exception of the claims in Scope of Services I.A. above, the Consultant shall
prepare, submit and file on the City's behalf, all other eligible actual and estimated state
mandated cost reimbursement claims for which State Controller Claiming Instructions are
issued in the 1998 -99 fiscal year.
Town of Los Gatos - I - July 16, 1998
Contract Number : F98 -089
2. Consultant Claim Filing Requirements
The Consultant shall file these claims to the extent that appropriate documentation is
available and verifiable and that claim amounts exceed $200 per claim.
3. Costs and Method of Compensation
A. Scope of Services I.A. - Annual State Mandated Cost Reimbursement Claims
For the 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 three hundred dollars ($3,300). The fixed fee shall be due
upon receipt of Consultant's invoice following submission of such claim(s).
B. Scope of Services I.B. - All Other New Claims for Which Claiming
Instructions are Issued in FY 1998 -99
For the services provided pursuant to Scope of Services 1.13, the City agrees to
pay the Consultant upon submission of the claims to the State Controller, a fixed
fee of two thousand one hundred dollars ($2,100). The fixed fee shall be due
upon receipt of Consultant's invoice following submission of such claim(s).
4. Services and Materials to be Furnished by 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.
Town of Los Gatos - 2 - July 16, 1998
Contract Number : F98 -089
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 departmental indirect cost rate proposals 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 at the desk audit level 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. Nothing in this section or any part of this Agreement
shall be construed to include Incorrect Reduction Claims preparation.
9. Insurance
Consultant shall acquire and maintain appropriate general liability insurance, workers'
compensation insurance, automobile insurance, and professional liability insurance.
10. Changes
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 fulfill in a 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.
Town of Los Gatos - 3 - July 16, 1998
Contract Number: F98 -089
12. Citv Contact Person
The City designates the following individual as contact person for this contract:
Name:
Title:
Address:
Telephone:
Fax:
OFFER IS MADE BY CONSULTANT OFFER IS ACCEPTED BY CITY
By: _1 By:
J: BradleyBuigVs, Direetos
David M. Griffith & Associates, Ltd,
Date: Julv 16. 1998 Date:
City Official
Town of Los Gatos - 4 - July 16, 1998