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1992-165-Authorizing Town Manager To Sign A Contract With David M. Griffith And Associates, LTD. For State Mandated Cost Claim FilingRESOLUTION 1992 -165 RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN MANAGER TO SIGN A CONTRACT WITH DAVID M. GRIFFITH AND ASSOCIATES, LTD. FOR STATE MANDATED COST CLAIM FILING 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 a contract with DAVID M. GRIFFITH AND ASSOCIATES, LTD. (a copy of which is attached as Exhibit A, hereto) for state mandated cost claim filing services for the Town of Los Gatos and that the Town Manager is authorized and is hereby directed to execute said agreement in the name and in behalf of the Town of Los Gatos. ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the 8th day of September, 1992 by the following vote: COUNCILMEMBERS: AYES: Randy Attaway, Joanne Benjamine, Steven Blanton, Brent N. Ventura Mayor Eric D. Carlson NAYS: None ABSENT: None ABSTAIN: None � _ SIGNED: MAYOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK OF THETOWN OF LOS GATOS LOS GATOS, CALIFORNIA Agreement to Provide Mandated Cost Claiming Services The Town of Los Gatos (hereinafter City) and David M. Griffith & Associates, Ltd. (hereinafter Consultant) jointly agree as follows: 1. Scope of Services The Consultant shall file claims for reimbursable state mandated costs as provided herein. A. Annual State Mandated Cost Claims The Consultant shall prepare, submit and file on the City's behalf the following state mandated cost claims for fiscal year 1991 -92 actual costs and, where applicable, 1992 -93 estimated costs. (1) Open Meetings Act requirement as specified in Chapter 641, Statutes of 1986. (2) Police Department Domestic Violence Calls as specified in Chapter 1609, Statutes of 1984. (3) Police Department CPR Pocket Masks as specified in Chapter 1334, Statutes of 1987. (4) Business License Tax Reporting Requirements as specified in Chapter 1490, Statutes of 1984. (5) Structural and Wildland Firefighters Safety Clothing and Equipment specified in Title 8, California Administrative Code. (6) Firefighters Personal Alarm Devices as specified in Title 8, California Administrative Code. (7) Regional Housing Need Determinations as specified in Chapter 1143, Statutes of 1980. (8) Absentee Ballots as specified in Chapter 77, Statutes of 1978. (9) Mandate Reimbursement Process as authorized by Chapter 486, Statutes of 1975 and Chapter 1489, Statutes of 1984. (10) Other Claims. The Consultant may also file additional claims if any such claims remain and it is economically justified to file same. EXHIBIT A The claims to be filed up,' °r Scope of Se vies A. are claims t' ' are included in the State Controller's claiming ins. Aions that provide for claims to be :,..omitted by November 30, 1992. B. Scope of Services -- Assembly Bill 2360 Claims The Consultant shall prepare, submit and file on the City's behalf all applicable new or first time state mandated cost claims pursuant to the Controller's claiming instructions which are scheduled for release in the fall of 1992 and include provisions for the reimbursement of mandates authorized in Assembly Bill 2360, of the 1992 California Legislative Session. 2. Consultant Claim Filing 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 A. and B. that claims will be filed for all of the applicable mandates listed. 3. Limitation On Services Scope Notwithstanding any other provisions of this Agreement, the submission of claims pursuant to Scope of Services LA and LB may be waived in the following circumstances: A. At City Q12tion. At the discretion of the City, the City at the time of contract execution, may select either or both services described under Sections LA and LB above (Scope of Services). Selection of one service and not the other is indicated by striking through the entire applicable paragraph above (Scope of Services IA. or Scope of Services 1B.). In so striking out such paragraph all references to that service contained in this Agreement are deleted without further action required of the City. All provisions of the agreement relating to the remaining service continue in effect. 4. Compensation and Method of Payment Compensation and method of payment shall be as follows for services selected pursuant to Scope of Services LA. A. Scope of Services LA - Fixed Fee For all of the above services provided pursuant to Scope of Services LA, City agrees to pay Consultant upon submission of claims to the State Controller due November 30, 1992, a fixed fee of two thousand dollars ($2,000). The fixed fee shall be due upon receipt of Consultant's invoice following submission of such claims. B. Scone of Services I B - anz.ements Unless the amount of state payments to the City for the claims filed under Scope of Services 1.13 is less than $2,000, the City shall pay the Consultant a fee equal to thirty percent (30% of all claims filed and paid to a maximum of three thousand five hundred dollars ($3,500). In the event the amount claimed is less than $2,000, the City shall pay the Consultant a fixed fee of five hundred dollars ($500). C. Scope of Services 1.13 - Fee Payment Payment for contingent claiming shall be made from monies actually received from the State resulting from the Consultant's effort. Monies received shall be defined as actual payments resulting from the Consultant's actual cost claims as allowed for in the State Controller's claiming instructions. For Scope of Services 1.B., the fee which in no case shall exceed the maximum amount of three thousand five hundred dollars, is due within four weeks of City receipt of reimbursement from the State. If the amount of Consultant filed claims is less than the two thousand dollars ($2,000) the City should pay the Consultant a fixed fee of five hundred dollars ($500). This fixed fee shall be due upon submission of the claims to the State Controller. The Consultants fixed fee may be included in the City's next State mandate cost reimbursement claim for potential payment by the State. 5. Services and Materials to be Furnished by the City 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 1.A, and I.B. Consultant shall not be liable for claims that can not 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 November 1, 1992 must be received by the Consultant by November 15, 1992 to be deemed to have been received in a timely manner. 6. Not Obligated to Third Parties The City shall not be obligated or liable hereunder to any party other than the Consultant. 7. Consultant Liability 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. Except that, should the City be required to return money that the Consultant was paid in contingent fee the Consultant shall return this amount to the City. S. Indirect Co 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. 9. C0- Mitant AcciA nre if Audited The Consultant shall make workpapers and other records available to the state auditors. The Consultant shall provide assistance to the City in defending claims submitted if an audit results in a disallowance of a 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. 10. City Contact Person The City designates the following individual as contact person for this contract: Name: Title: Address: Telephone FAX: 11. Contract Validity Date To be valid this contract must be signed by the City by October 18, 1992. If signed after that date the Consultant cannot guarantee acceptance of the Agreement unless otherwise agreed upon. Offer is made by Consultant: Date: August 19, 1992 David M. Griffith & A Allan P. Burdick Vice President Offer is Accepted by City In Date: