1995-147-Execute An Agreement With David M. Griffith & Associates, LTD To Provide State Maintained Cost Claiming Services For The 1995-96 Fiscal YearRESOLUTION 1995 - 147
RESOLUTION OF THE TOWN OF LOS GATOS
AUTHORIZING THE TOWN MANAGER TO EXECUTE AN AGREEMENT
WITH DAVID M. GRIFFITH S-, ASSOCIATES, LTD (DMG) TO PROVIDE STATE
STATE MANDATED COST CLAIMING SERVICES FOR THE 1995 -96 FISCAL YEAR
WHEREAS, the State budget includes provisions governing the reimbursement of
state mandated cost claims to local agencies, and
WHEREAS, David M. Griffith & Associates, Ltd (DMG) is a recognized authority
in public sector cost accounting and has specialized in the state mandated cost area for over 14
years.
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) with
DMG for state mandated cost claiming services for the 1995 -96 fiscal year, 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 6th day of November, 1995 by the following vote:
COUNCIL MEMBERS:
AYES: Randy Attaway, Joanne Benjamin, Steven Blanton, Linda Lubeck
Mayor Patrick O'Laughlin
NAYES: None
ABSENT: None
ABSTAIN: None
SIGNED: C
MAYOR O THE TOW OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
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CLERK OF THE TOWN OF LOS - GATOS
LOS GATOS, CALIFORNIA
Agreement to Provide
Mandated Cost Claiming Service
TOWN CLERK / jj
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The Town of Los Gatos (hereinafter "Town ") 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 annual state mandate cost reimbursement
claims on the Town's behalf. These claims shall include both the Town's actual cost claims
for the 1994 -95 fiscal year and its estimated cost claims for the 1995 -96 fiscal year. The
following is a list of eligible claims:
(1) Open Meetings Act requirement as specified in Chapter 641, Statutes of 1986.
(2) Business License Tax Reporting Requirements as specified in Chapter 1490,
Statutes of 1984.
(3) Absentee Ballots as specified in Chapter 77, Statutes of 1978.
(4) Mandate Reimbursement Process as specified in Chapter 486, Statutes of 1975 and
Chapter 1489, Statutes of 1984.
(5) Firefighter Cancer Presumption as specified in Chapter 1568, Statutes of 1982.
(6) Peace Officer Cancer Presumption as specified in Chapter 1171, Statutes of 1989.
(7) Other claims: The Consultant may also file additional claims if any such eligible
claims remain.
The claims to be filed under Scope of Services I.A. are claims that are included in the
State Controller's Claiming Instructions that provide for timely filed claims to be
submitted by November 30, 1995.
B. Assembly Bill 818 of 1995 and Other Claims Funded in the 1995 Legislative
Session
The Consultant shall prepare, submit and file on the Town's behalf, the following State
mandated cost claims where applicable:
(1) Stolen Vehicle Notification as specified in Chapter 337, Statutes of 1990. Annual
actual cost claims for fiscal years 1989 -90 through 1994 -95 and a 1995 -96
estimated cost claim.
(2) Rape Victim Counseling Center Notices as specified in Chapter 999, Statutes of
1991. Annual actual cost claims for fiscal year 1991 -92 through 1994 -95 and a
1995 -96 estimated cost claim.
(3) Law Enforcement AIDS Testing as specified in Chapter 768, Statutes of 1997.
Annual actual cost claims for fiscal years 1988 -89 through 1993 -94.
(4) Misdemeanors: Booking and Fingerprinting as specified in Chapter 1105, Statutes
of 1992. Annual actual cost claims for fiscal years 1993 -94 through 1994 -95 and a
1995 -96 estimated cost claim.
(5) Other Claims. The Consultant may also file any other state mandated cost, other
than Annual Claims, for which funding is provided during the 1995 calendar year
from either the Commission on State Mandates Claims Fund or from an enactment
of the California Legislature during its 1995 legislative session.
These claims shall be prepared in accordance with the State Controller's Claiming
Instructions issued pursuant to the 1995 Annual Claims Bill (Assembly Bill 818 introduced
by Assembly member John Vasconcellos); or other 1995 legislation providing an
appropriation to reimburse local agencies for the costs of state mandated local programs
that have been previously approved by the Commission on State Mandates.
2. Consultant Claim Filing Requirements
The Consultant shall file these claims to the extent that appropriate documentation is
available and verifiable. The Town explicitly acknowledges that the Consultant does not
warrant under Scope of Services that claims will be filed for all of the applicable mandates
listed.
3. Compensation and Method of Payment
Compensation and method of payment shall be as follows for services provided pursuant
to Scope of Services I.A. and I.B.
A. Scope of Services 1.A. - Annual Cost Claims - Fixed Fee
For all the above services provide pursuant to Scope of Services LA, the Town
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 claims.
B. Scope of Services LB. - Assembly Bill 818 and Other Claims - Contingent Fee
For all the above services provided pursuant to Scope of Services 1.B., the Town
agrees to pay the Consultant a fee equal to thirty percent (30 %) of all claims filed
and paid to a maximum of five thousand dollars ($5,000). In the event the amount
of the claims paid by the state is less that one thousand, six hundred and sixty
seven dollars ($1,667) the Town shall pay the Consultant a fee of five hundred
dollars ($500).
4. Services and Materials to be Furnished by the Town
The Consultant shall provide guidance to the Town in determining the data required for
claims submission. The Consultant shall assume all data so provided to be correct. The
Town 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 prior to October
20, 1995 must be received by the Consultant no later than November 10, 1995 to be
deemed to have been received in a timely manner. It is the responsibility of the Town 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 Town shall not be obligated or liable hereunder to any party other than the
Consultant.
6. Consultant Liability if Audited
The Consultant will assume all financial and statistical information provided to the
Consultant by Town employees or representatives is accurate and complete. Any
subsequent disallowance of funds paid to the Town under the claims for whatever reason
is the sole responsibility of the Town.
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 Town records support such a
calculation.
8. Consultant Assistance if Audited
If audited, the Consultant shall make workpapers and other records available to the State
auditors. If requested by the Town, the Consultant shall provide assistance to the Town 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 take out and maintain appropriate general liability insurance, workers'
compensation insurance, automobile insurance, and professional liability insurance.
10. Changes
The Town 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 Town 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 timely and proper manner its
obligation under this agreement, the Town shall thereupon have the right to terminate this
agreement by giving written notice to the Consultant of such termination and specifying
the effective data thereof, at least five (5) days before the effective date of such
termination.
12. Town Contact Person
The Town designates the following individual as contact person for this contract:
Name:
Address:
13. Contract Validity Date
Telephone:
Fax:
To be valid this contract must be signed by the Town by October 10, 1995. If signed after
that date the Consultant cannot guarantee acceptance of the Agreement unless otherwise
agreed upon.
OFFER IS MADE BY CONSULTANT
Date: September 20 1995
David M. Griffith & Associates, Ltd.
Allan P.Burdick
Vice President
OFFER IS ACCEPTED BY TOWN
By:
Town Official
Date: