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HomeMy WebLinkAboutContract 0992-15 AGREEMENT BE EEN THE CITY OF CATHEDRAL CITY AND DAVID WELLHOUSE & ASSOCIATES, INC. FOR PREPARATION AND FILING OF CLAIMS This agreement by and a een the CITY OF CATHEDRAL CITY, a municipalityof the State of California, hereinafter referred to as "CITY", and DAVID WELLHOUSE , INC., a California corporation, hereinafter referred to as "CONSULTANT". Whereas, CITY desires to engage the services of a consultant to r re and file claims for State Mandated Cost Reimbursement, and CONSULTANT has been selected to perform said services, now, therefore, it is agreed by CITY and CONSULTANT s follows: 1. Claims To it CONSULTANT shall prepare and file`with the State Controller's Office on behalf of CITY, the following state mandated cost (SB 0) clairns during the 2015-2016 fiscal year. A. February17 Annual Claimss for fisc2015-2016 ct l daims to prepared filedor before February 15, 2017required theState Controller'sClaiming 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 ars - 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 ihts - Chapter 465, Statutes of 1976 Interagency Child Abuse and a elect Investigation Reports - Chapter 916, Statutes of 2000 Administrative License Suspension - Chapter 1460, Statutes of 1989 Peace Officer Personnel Records Chapter 741, Statutes of 1994 Peace Officer Procedural Bill of Rights II - Chapter 170, Statutes of 2002 Local Government Employee elations 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 CONSULTANT 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". CONSULTANT hereby designates Renee Wel!house, 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 CONSULTANT a fixed fee in the amount of$4,500.00 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 CONSULTANT 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. CONSULTANT shall not be liable for claims that are not filed or incorrectly filed due to inaccurate or untimely data. 6. Disposition Of Documents.; CONSULTANT sh ll furnish to CITY copies of all claims filed with the State within 30 ays after filing. CONSULTANT shall, upon wri en request, make copies of work papers available to CITY. CITY acknowledges that all such ork a rs are the property of CONSULTANT, and may not be disclosed to any third a y, provided however that such workpapers may be disclosed to appropriate overn ent 1 authorities for audit purposes."CONSULTANT shall be entitled to retain copies of all data prepared. 7. Not Obligated To Third i . CITY shall not be obligated or liable hereunder to any party other than CONSULTANT. 8. Insurance. CONSULTANT shall carry, maintain and keep in full force and effect, a policy of comprehensive eneral liability and automotive liability insurance in n amount not less than$1,000,000 aggregate ap lyi to bodily injury, personal injury, and property damage. 9. Independent Contractor. CONSULTANT is, and shall be, actingat all times inthe performance of this agreement as an independent contractor. CONSULTANT 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 CONSULTANT and its officers, agents and employees. 10. Consultant Assistance If it d. Upon notice of u it, CONSULTANT LTA T 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 s. CONSULTANT shall make every ort to prepare departmental Indirect Cost Rate Proposals for claims submitted, provided CITY financial information and departmental costs support such rates. CONSULTANT y utilize the ten percent (10%) indirect cost rate allowed y the State Controller if financial information and departmental costs do not support a higher rate. 13. Termination Of Agreement. CITY may terminate CONSULTANTS services hereunder with cause, whether or not services under PROJECT are fully complete. CITY shall do so by giving written notice to CONSULTANT, seci i the effective date thereof, at least fifteen (15) days before the effective date of such termination. 14. Return of Signed Agreemeng. CONSULTANT shall be under no obligation to prepare and file claims unless the executed ree.. ent is received by mail or e-mail of the City's intention to continue our services and received by CONSULTANT b 7. CONSULTANT may extend this deadline on a case by case basis. foregoing15. Entirety. The t forth the ti Agreement i . INC.,DAVID WELLHOUSE &ASSOCIATES, a California r By: Altri „ , I ;.L440y. Date: November 18, 2016 Renee M. Welihouse President cirif OF CATHEDRAL CITY, a municipality California ® : / iggam�,,( y I Phone: r •••,..