HomeMy WebLinkAboutDavid Griffith & Associates Contract Number : F97-007
Agreement to Provide
Mandated Cost Claiming Services
THIS AGREEMENT, entered into this 21st day of Sei2tember 1997 and
effective immediately by and between David M. Griffith & Associates, Ltd. (hereinafter
"Consultant") and the City of Atascadero (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 1996-97 fiscal year and estimated claim(s) for the 1997-98
fiscal year. The fiscal year 1996-97 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, 1997.
B. All Other Claims for Which Claiming Instructions Are Issued in FY 1997-98
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 1997-98 fiscal year.
City of Atascadero - 1 - June 12, 1997
Contract Number: F97-007
5. Not Obligated to Third Parties
The City 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 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 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. 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
City of Atascadero - 3 - June 12, 1997
r
Agreement to Provide Contract Number:
F96-007
Mandated Cost Claiming Services
The City of Atascadero (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) Open Meetings Act as specified in Chapter 641, Statutes of 1986.
(2) Business License Tax Reporting 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) Stolen Vehicle Notification as specified in Chapter 337, Statues of 1990.
(8) Rape Victim Counseling Center Notices as specified in Chapter 999, Statues of
1991.
(9) Law Enforcement Inmate AIDS Testing as specified in Chapter 1579, Statues of
1988 and Chapter 768, Statutes of 1991.
(10) Misdemeanors: Booking and Fingerprinting as specified in Chapter 1105,
Statutes of 1992.
(11) Other claims: The Consultant may also file additional claims if any such eligible
claims remain.
rr `4'°
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 I.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 1996 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 I.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.
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 that claims will be filed for all of the applicable
mandates listed.
3. Costs and Method of Compensation
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 two thousand two hundred dollars ($ 2,200). The fixed
fee shall be due upon receipt of Consultant's invoice following submission of such
claims.
B. Scope of Services 1.11. -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
and payment arrangement shall be made by checking the appropriate box adjacent
to the preferred option.
❑ OPTION 1: Fixed Fee Arrangement
For all the above services provided pursuant to Scope of Services 1.B.(l) and (2),
the City agrees to pay the Consultant upon submission of the claims to the State
Controller, a fixed fee of one thousand seven hundred and fifty dollars ($ 1,750).
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.(1) 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 two thousand dollars ($
2,000). 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.(1) 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 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. 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 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.
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. 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.
1
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 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.
12. City Contact Person
The City designates the following individual as contact person for this contract:
Name: ANDREW J. TA,.ATA Telephone: (805) 461-5010
Title: CITY MANAGER Fax: 461-0606
Address: 6500 PALMA AVENUE, ATASCADERO CA 93422
13. Contract Validity 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 OFFER IS ACCEPTED BY CITY
Date: August 9 1996 BY
City fficial
David M. Griffith&Associates, Ltd. Date: q
0
Allan P. Burdick
Vice President C
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DAVID M.GRIFFITH&ASSOCIATES, LTD. /3q �15
Professional Services for the Public Sector
4320 Auburn Boulevard,Suite 2000
Sacramento,California 95841
DMG 916.485.8102 Fax:916.485.0111 f ri
xa� ; AUG 13 ro
August 9, 1996
Ms. Lee Price
City Clerk
City of Atascadero
6500 Palma Ave.
Atascadero, CA 93422
Subject: State Mandated Cost Claiming Services
Dear Ms. Price:
David M. Griffith & Associates, Ltd. (DMG) is pleased to submit this proposal to provide
comprehensive state mandate cost claiming services to the City for the 1996-97 fiscal year. With
the recent passage of its budget, the State has funded all of last years claims and several others.
The State has also made several legislative changes to the mandate reimbursement process, and
those changes should result in even more new claims for cities to file this year. In short, it should
be a very busy year. The changes this year include the following:
Several New Claiming Opportunities — There should be at least three different
claiming cycles this year and several new claims to file.
Faster Payment By the State for Funded Mandates — The law now requires the
State to pay within 60 days after the claims are filed when funds are available.
Interest Due on Late Payments (over one year) — The Controller must pay
interest on unpaid claims 365 days following the date they were filed.
Payment of Open Meeting Act Claims — While the Controller reduced most of the
1992/93 and 1993/94 fiscal year claims to zero, it has indicated it will pay current
claims for which the documented time study sheets have been completed, such as
those you prepared last year.
City of Atascadero Page 2 August 9, 1996
Temporary New Guidelines for Reimbursement of Contractor Fees — There are
new temporary payment guidelines for contractors, such as DMG,that prepare claims.
The key limit is what it would cost the local agency to do the work itself. In other
words, the state will not provide reimbursement above what it would cost you to do
the work with city staff. While we do not believe this should affect this agreement,
your concurrence is required.
This proposal describes the various claiming opportunities, scope of services, DMG's approach
to maximizing your cost recovery, the advantages of having DMG complete your claims, and the
costs for providing these comprehensive state mandated cost claiming services.
CLAIMING OPPORTUNITIES &SCOPE OF SERVICES
Beginning with the 1996-97 fiscal year, state mandated cost claiming opportunities will fall into
one of three categories: Annual Fall claims; Annual SB 90 Claims Bill claims and Other New
Periodic claims. Each of the three general claiming areas are described below:
Annual Claims
The Annual Claims are those claims which are funded in the State's budget and filed
each November. For the 1996-97 fiscal year, there is funding for all of the claims
included in last year's budget, plus the new law enforcement claims that were funded
in last year's Assembly Bill 818. A complete list of these claims is shown on the
following page.
Senate Bill 91 Claims (1996 State Mandated Cost Appropriation Bill)
Each year the Legislature is required to consider an annual appropriation bill to fund
new programs which are found to contain reimbursable state mandates by the
Commission on State Mandates. This year's annual claims bill is Senate Bill 91
(Thompson). While the bill has not passed the Legislature to date, its passage is
expected before the Legislature adjourns in September. To date, there is only one
new, state mandate for cities, however, it is still possible that other claims could be
added to that bill. The current SB 91 mandate that applies to cities is the Missing
Persons III Report program for costs incurred in the 1994-95 fiscal year.
New Claims Based on Parameters and Guidelines Adopted by the COSM
In addition to the claiming instructions issued for the Annual Fall Claims and those
associated with the annual state mandated appropriations bill (SB 91), it is anticipated
that the State Controller will release from one to four new sets of other claiming
instructions during the 1996-97 fiscal year. These are for new claims where the
Commission on State Mandates has adopted parameters and guidelines sometime
prior to May 1, 1997.
City of Atascadero Page 3 August 9, 1996
1996-97 Annual
State Mandated Cost Reimbursement Claims
Absentee Ballots Elections costs associated with the absentee
ballots mandated requirements.
Business Tax Reporting Requirements Tracking&transmitting FTB-required data
for all new and renewal city businesses.
Firefighters' Cancer Presumption Workers compensation, disability and legal
costs in cases of presumptive firefighter
cancer cases.
Open Meetings Act Notices Agenda preparation, review&posting costs
required by the Ralph M. Brown Act.
Mandate Reimbursement Process Costs of participating in the SB 90 process:
DMG's fees, staff time, and time &payment
tracking costs.
Peace Officers' Cancer Presumption Workers compensation, disability and legal
costs in cases of presumptive police cancer
cases.
Brendon McGuire Act Elections costs incurred by an agency in the
event that an elected candidate dies before
taking office.
Stolen Vehicle Notification Cost associated with notifying reporting
party of the recovery of a stolen vehicle.
Rape Victim Counseling Center Notices V Cost of providing a rape victim with infor-
mation regarding, and putting them in
contact with rape victim counseling centers.
Law Enforcement AIDS Testing V Providing training and HIV testing of law
enforcement officers.
Misdemeanors: Booking and V Cost of providing the misdemeanant with a
Fingerprinting record or verification of the booking or
fingerprinting.
City of Atascadero yr.v Page 4 August 9, 1996
As mentioned above, effective July 1, 1996, several new provisions to streamline and
expedite state mandated cost reimbursement went into effect. One of the new
provisions requires the State Controller to issue claiming instructions within 60 days
after the Commission on State Mandates adopts parameters and guidelines for a state
mandated local program. The net effect is that beginning this year,the Controller will
no longer wait to issue claiming instructions following the passage of the annual
appropriation legislation,but instead will issue the claiming instructions following the
adoption of the parameters and guidelines by the Commission on State Mandates.
In summary, fiscal year 1996-97 is a transition year which should result in more new claims than
in past years.
OUR APPROACH TO CLAIMING -TAILORED TO FIT YOUR CITY'S SITUATION
This section describes the general approach for meeting the various claiming deadlines and
requirements for the state mandated cost claiming process. We will tailor our approach to fit
your City's specific situation.
To make sure there is a complete understanding between all parties, DMG has developed the
following approach which should result in the highest supportable reimbursement possible. The
following steps will be taken by DMG to complete each claiming cycle:
Complete Planning & Scheduling - For each claiming cycle, DMG will work
with the City to develop separate plans and schedules for completing claims. The
plan will also identify the roles and responsibilities of all persons involved with
the process and the tasks to be completed. Specifically,these activities include:
■ DMG consultants will contact ■ DMG will contact each
the City's SB 90 Coordinator to departmental liaison and
discuss the approach and tentative provide them with
schedule for work completion. u information on the specific
DMG will also work with the SB mandate reimbursement
90 Coordinator to identify the needs required to file
primary contact in each applicable DeadllneS claims applicable to their
department. department.
Data Collection from Departments - DMG will collect mandated program
information from all affected departments, as well as, identify administrative and
support personnel who should be included in the department's indirect cost rate
proposal (ICRP). DMG will review the information and help department
personnel understand what tasks are specifically reimbursable through SB 90.
Collect Departmental Expenditure Data & Compensation Information - A
key step in the data collection process is to obtain all required financial data from
the City's Finance Department. DMG will gather salary and benefit information,
annual department expenditure reports, and OMB A-87 cost allocation schedules.
City of Atascadero *4w Page 5 August 9, 1996
Prepare & File Claims - As the claims are prepared, DMG will inform the SB
90 Coordinator if there are any problems and assist in resolving those problems.
After completion of the claims, DMG will send the claims to the City for review
and signature. Finally, DMG will deliver the signed claims to the State Controller
by the deadline.
Organize Work Papers & On-Going Support - After the claims are filed with
the State, DMG will send the City a receipt listing all claims that were filed, and
the amounts claimed. This claims receipt will be signed by a representative from
the State Controller's Office signifying timely claims submission. We will also
respond to requests from the Controller's staff and provide on-going assistance
throughout the year.
ADVANTAGES OF M's SB 90 SERVICE
® Knowledge & Experience
DMG has specialized in the state mandated cost area for over 15 years. We currently
prepare SB 90 claims for approximately 160 cities and 30 counties in California. DMG's
advice and assistance is often sought by the State Department of Finance, the Controller's
Office,the Commission on State Mandates, and State legislative committees.
® Expert Staff
Our firm has a full-time staff dedicated solely to the research and preparation of SB 90
mandates to identify the exact components which are eligible for reimbursement. We
work closely with the State Controller's staff and are often involved in the development
and editing of claiming instructions. This access and involvement provides our
consultants with invaluable insight, which is essential to high quality claim preparation.
® Service
We feel that our high level of customer service and attention to detail has lead to our
success. Almost all of our State mandated service clients are long-term, repeat clients.
Our service doesn't end with the submission of your claims. Responding to State
Controller's audits, challenging reductions to your claims, and assisting you in state
mandated revenue tracking are examples of our on-going service.
® Increased Recovery For Your Agency
Our expertise translates directly into higher reimbursements for our clients. Not only are
you assured that eligible direct costs will be captured, but our cost accounting emphasis
enables us to include all items which are recognized as eligible by OMB A-87 while
calculating departmental indirect cost rates.
® Reputation For Quality
DMG takes pride in our reputation for technical accuracy -- a critical consideration given
the increasing scrutiny imposed by State auditors on cost accounting applications. We are
endorsed exclusively by both the League of California Cities and the California State
Association of Counties in the state mandated cost area.
City of Atascadero Page 6 August 9, 1996
DAVID M. GRIFFITH&ASSOCIATES: Firm Background &Experience
David M. Griffith & Associates, Ltd. (DMG) is California's leading firm dedicated to providing
the public sector with creative revenue enhancement alternatives. Calculating the full costs of
government services is the cornerstone to maximizing our clients' revenues. We believe that our
expertise will enable your agency to maximize State mandated claims reimbursement with as
little effort or disruption to your operation as possible. Since it's establishment, DMG's
California practice has served over 225 California cities and all 58 counties.
DMG has offices in Sacramento, Cupertino and Pasadena to serve cities throughout California.
COSTS AND METHOD OF PAYMENT
For the 1996-97 fiscal year, we have separated the costs into two components. One for the
"Annual Fall Claims" and one for "All Other New Claims." The costs and method of payment
for each is described below:
Annual Fall Claims
We propose to complete all annual fall state mandated cost reimbursement claims for a
fixed fee of two thousand two hundred dollars ($ 2,200). This includes all fees and
expenses. That fee is due upon completion of the fall claims.
All Other New Claims
These are claims included in the 1996 Annual Claims Bill as well as all claims that are
eligible for filing based on State Controller Claiming Instructions issued during the
1996-97 fiscal year. Due to the recent changes in the state mandate area and based on
input from several cities, we are offering the following two options for the cost and
payment of "All Other New Claims." At its discretion, the City can select the option it
prefers. The two options and costs are as follows:
1. Fixed Fee-- Option 1
DMG will complete "All Other New Claims" for a fixed fee of one thousand seven
hundred and fifty dollars ($ 1,750). This fee will be due at the end of the fiscal year
or immediately following the filing date for the last set of claims, whichever is later.
2. Contingent Fee--Option 2
DMG will complete the claims in the "All Other New Claims" category for a fee
equal to thirty percent (30%) of all claims filed and paid to a maximum of two
thousand dollars ($ 2,000). In the event the amount claimed is less than $1,667, there
is a minimum payment of$500. Payment for contingent claiming shall be made from
monies actually received from the State.
City of Atascadero Page 7 August 9, 1996
DMG will include both fees (Annual Claims and All Other New Claims) in the City's FY
1996-97 estimated Mandate Reimbursement Process Claim that will be filed this November.
The City should receive payment for that claim by February, 1997.
New Rules on Payment to Contractors
The State Budget contains language instructing the Controller how to review payments to
contractors that assist with the claim preparation process. The new guidelines limit
reimbursement to the lessor of either (1) 10% of the amount of the claims filed (not paid), or (2)
what it would cost the City to do the work itself. If the consultant's fee is greater than (1) or (2),
the City must submit appropriate documentation to show that the preparation of these claims
could not have been accomplished without incurring additional costs. To address the second test,
the Controller will allow an agency to have a provision placed in the contract, or some other
document which is certified by the governing body or its designee, that the cost if the City
employees completed the work would not exceed the amount charged by the contractor. You
will find such a statement in the contract which is attached. We believe the City should still
receive most, if not full reimbursement of DMG's fees.
Contracts Enclosed
For your convenience, we have enclosed two copies of an executed contract for claim filing
services. If you wish to retain our services, simply sign and return one copy of the executed
Agreement to DMG. To guarantee acceptance, the attached Agreement must be signed and
returned by September 20, 1996 so we can complete all work before the November 30, 1996
deadline.
If you would prefer to work under a purchase order or some other arrangement, DMG is very
flexible and will gladly tailor its approach to meet your City's preference.
If you have any questions, please contact Brad Burgess or me at (916) 485-8102. Thank you for
considering our proposal.
Sinc -
Allan P. Burdick
Vice President
Enclosures
AUG 16 '96 10:44RM DMG P.2
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Agreement to Provide COW-Ad
F95-007
Mandated Cost Claiming Service
The City of Atascadero (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 annual state mandate cost reimbursement
claims on the City's behalf. These claims shall include both the City'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 s1s of 1995 and Other Claims Funded in the 1995 Legislative
Session
The Consultant shall prepare, submit and file on the City'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.
AUG 16 '96 10:44AM DMG P.3
,t
(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 AIRS 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 BUI (Assembly Bili 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 Re liiremennts
The Consultant shalt file these claims to the extent that appropriate documentation is
avaflable 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.
3. ComDenegtion and Mgthod 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 I.A. -Annual Cost Claims -Fixed Fee
For all the above services provide 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 two thousand dollars ($ 2,000). The fixed fee shall be due upon
receipt of Consultant's invoice following submission of such claims.
B. Scope of Services I.B. -Assembly Bill 818 and Other Claims -Contingent Fee
For all the above services provided pursuant to Scope of Services 1.B., the City
agrees to pay the Consultant a fee equal to thirty percent(30%)of all claims#lied
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 City shall pay the Consultant a fee of five hundred
dollars ($500),
AUG 16 '% 10:44AM DMG P.4
4. Services and Mnterials 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 effbrt to
file claims in a timely mariner 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, 1993 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.
S. Not ii r -Third PArties
The City shall not be obligated or liable hereunder to any party other than the Consultant.
6. Consultant Liability,� WA"ited
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.
g. Consultnnt 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 My 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. r s trtt.nce
Consultant shall take out and maintain appropriate general liability insurance, workers'
compensation insurance, automobile insurance, and professional liability insurance.
Alm 16 '96 10:45AM DMG P.5
0000
10. Chanies
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 fulfiU 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 data thereof, at least five(5) days before the effective date of such
termination.
12. City Contact Parson
The City designates the following individual as contact person for this contract:
Name: Z j Telephone: (aviv W I.,-54
Title:_ C`. P, �o ` vL�.. ' Fax: a1-� eta
Address:
13. QjLrAct Validity Date
To be valid this contract must be signed by the City September 1, 1995, If signed after
that date the Consultant cannot guarantee acceptance of the Agreement unless otherwise
m_ ced upon.
OFFER IS MADE BY CONSULTANT OFFER IS ACCEPTED BY CITY
Date: j� By:
City official
David M. Griffith& Associates,Ltd. Date: Of
1 Bradley Wilkes
Vice President
tAUG 16 '96 10:45AM DMG >"i' ; P.6
fir+ Agriement to Provide
Mandated Cost Claiming Service
The City of Atascadeca (hereinafter "City') and David 141. Griffith & Associates, Ltd. (Hereinafter
"Consultant")jointly agree at follows:
1, Scone of Services.
The Consultant shall prepare claims for reimbursable state mandated Costs as provided herein.
A. Annual SweXaBdagAlai
The Consultant shall prepare, submit and $iia on the City's behalf dm following state mandated
cost claims, where appiksbie,for fiscal years 1993-94 actual costs ad, 1994-95 estimated Costs.
(1) open Meetings Act regtiremmt as spwified in Chapter 641, St,tates of 1986.
For fiscal year 1993-%actual casts and 1994-95 estimated costs.
(2) Business LicanM4 Tax Repordug Requirements as specified In Chapter 1490,
Statutes of 1984. For fiscal year 1993-94 acMd costs and 1494-95 estimated costs.
(3) Fimfiews' Ca:lCer Prmumpto as specified in Chapter 1568, Statutes of 1982.
For fiscal year 1993-94 sexual 00 and 1994-95 est ted costa.
(4) Abswtee Ballots as specified in Cbapter 77, Statutes of 1978. For 1993-94 actual casts
and 1994-95 estimated costs.
(5) Mandate Reimbursement Process as authorized by Chapter 486, Stall of 1975 and
Chapter 1489, Statutes of 1984. For 1993-94 actual costs aced 199"5 estimated costs.
(6) Peace Officer Cancer PresumPdw as specified in CbSP dr 1171, Stites of 1989.
For 1990-91, 1991-92, 1992-93, and 1993-94 actual costs; and 1994-95 estimated costs.
('7) Peace officer:AIDS Testing as gMdl led in Cbaptus 1579,Sts Au of 1988 and Cbagter
768, Statutes of 1991. For 198849, 1989-90, 1990.91, 1991-92, 1992-93 actual costs;
and for 1993-94 estimated Costs.
(S) other Claims. 7be Consultant may also filo additional claims if any such claims remain
and it is economically justified to file same.
The claims to be filed under Scope of Services are both claims that are ineinded in the State
Controller's cla=I Wg instructions that provide for claims to be submitted by either November 30,
1994 or 120 days after the date the specific State Cont mllex Ciail"iag Instruction are issued.
The claims.that ars due ager November 30, 1994 are the two pests officers claims listed as its=
(6) and (7) above.
AUG 16 '96 10:46AM''DM6 . P.7
2. CoMltant Claim Filing ReauirementS
The Consultant shall file these claims to the atm nasal appropriate documentation is available and
verifiable. The City explicitly w3mowledges that the Consultant dons not warrant under Scope
of Services that claims will be filed 8or all of the applicable mandates listed.
3. Cnmperamation and Method of Emild
Compensation and method of payment shall be as follows for services provided pursuant to Scope
of Services.
A. ri
For all of the service provided in Supe of Services, the City Agrees to pay the
Consultant a fixed fee of One Thousand Five Hundred dollars ($1,500).
B. Method of_F
The City agrees to pay the Consultant within thirty days after submission of the claims
to the State Controller due November 30, 1994.
4. &Cdees and Mat _ to be ad h t_he MI
The Consultant shall provide guidance to the City in, detetmiain g the data required for claims
submission. The Consultant shall assume all data so provided to be correct. Ths City further
agrees to provide all speciivaily requested data,documentation and izo or nation to the Consultant
in a timely manner. Consuu ltant aball matte its beat effort to file clasms in a timely manner
pursuant to Scope of Services. Consultant shall not be liable for claims that cast 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 31, 1994 mast be received by the Consultant
by November 10, 1994 to be deemed to have been received in a timely manner.
S. Not-0119RAW to MWIUft
The City shall not be obligated or liable hereunder to any party other than the Consultant.
b. CaMultans U01111ICAUffled
The Consultant will assume all financial ad statistuml h&rrmiadon provided to the Consultant by
City employees or representatives is a= nate and coanplete. Any subt3eegaent disallowance of
funds paid to the City under the claims for whatever reason is the sole responsibility of the City.
7. e stit
The cost claims to be submitted by the Consultant my consist of both direct ad indirect costs.
The Consultant may either utiiin the ten percent(1o%) indirect cast ram allowed by the State
Controller or calculate a higher rate if City records suppiort such a calculation. The Consultant
by this Agreement is'not required to prepare a cantral service cost allocation plan or a
departmental indirect eost rate proposal for the City.
`AUG 16 '96 10'46AM DMG "'':' '" P.8
r z
1 5
8. Consultant Aastance 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 subn*ted if an audit results
in a disallowance of at least twenty percent (20%) or seven hundred fifty dollars (8750),
whichever is greater. Reductim of less than twenty percent (20%) or seven hundred fifty
dollars ($750) shall not be contested by the Consultant.
9.
Consuitant shall take out and maintain appropriate general, liability insurance, workers'
compensation insurance, automobile insurance, and professional liability insurance.
10. Clines.
The City may, from time to time, require changes in the scope of services of the Consultant to
bs performed hereunder. Such changes, which.are mutually agreed upon by and between the
City and the Consultant, shall be incoVoicared in written,amendment to lois "9==t-
U. i
If, through any cause, the Consultant shall fail to fulfill in timely and proper mummer its
obligation under this agreement, the City shall thereupon have the right to ternunate this
agreement by giving written notice to the Conml= of such termination and specifying the
effective data thereof, at least five(5) days before the eve date of such tmmimatk m.
12. Contact PeW0
The City designates the following individual as contact person for this contract:
Nam: , moi d 1�. ►+ Telephone: f S bS} 441 - G C L-
Title: 1>7 r t;6 r'' Fax: 40
Address: v�c
Akxse. .de-eey CA
OFM IS MADE Bat CONSULTANT OFMM IS ACCEP'T'ED BY CITY
Date: _�i yl1 `f B Official
David M. GriM&Associates, Ltd. Date: �,.
By:
= mss . ,•��f'l�' ,-' �'
J. Bradley WilW
Vice Pmident Project
J
09;3040
Agreement to Provide
Mandated Cost Claiming Services
The City of Atascadero (hereinafter "City") and David M. Griffith & Associates, Ltd.
(hereinafter "Consultant") jointly agree as follows:
1. Scope of Services - 1991-92, 1992-93 and AB 2360 Claims
The consultant shall prepare, submit and file on the City's behalf the following
reimbursable state mandated cost claims pursuant to the requirements of the appropriate
State Controller's claiming instructions.
A. Missing Persons Reports as specified in Chapter 1455, Statutes of 1988 for fiscal
years 1989-90 and 1992-93.
B. Domestic Violence Information Reporting as specified in Chapter 1609, Statutes
of 1984 for fiscal years 1991-92 and 1992-93.
C. Disabled Motorist Assistance as specified in Chapter 1203, Statutes of 1985 for
fiscal year 1992-93.
D. CPR Pocket Masks as specified in Chapter 1334, Statutes of 1987 for fiscal years
1992-93.
E. Destruction of Marijuana Records, Chapter 952, Statutes of 1976 for fiscal year
1992-93.
F. Detention of Minors as specified in Title 15, California Code of Regulations for
fiscal year 1992-93.
G. Open Meetings Act agendas as specified in Chapter 641, Statutes of 1986 for
fiscal years 1991-92 and 1992-93.
H. Business License Tax Reporting Requirements as specified in Chapter 1490,
Statutes of 1984 for fiscal years 1991-92 and 1992-93.
I. Regional Housing Need Determinations as specified in Chapter 1143, Statutes of
1980 for fiscal years 1991-92 and 1992-93.
J. Mandated Reimbursement Process as authorized by Chapter 486, Statutes of 1975
and Chapter 1489, Statutes of 1984 for fiscal year 1992-93.
K. Other Claims. The Consultant may also file additional claims if any such claims
remain and it is economically justified to file same.
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 that claims will be filed for all of the mandates listed.
3. City Responsibility for Claim(s) Pursuant to Scope of Services
Consultant and City explicitly recognize that initial payments received from the State
resulting from the Consultant's work may be partial. In such cases, the State Controller
may seek a deficiency appropriation and thus complete payment of the City's claims at
a later date. The City agrees to maintain a record of State payments and remit on a
timely basis any monies due the Consultant as a result of contingent claim filing.
4. Compensation and Method of Payment
The City shall pay the Consultant a fee equal to thirty percent (30%) of all claims filed
and paid to a maximum of ten thousand dollars ($10,000). Payment for contingent
claiming shall be made from monies actually received by the City from the State resulting
from the Consultant's efforts.
5. 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 can not be filed as a result of inadequate data or data provided in
an untimely 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.
SW *04,10
8. 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.
9. Consultant Assistance 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 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.
10. City Contact Person
The City designates the following individual as contact person for this contract:
Name: ss � L• S eoff eve
Title: ,�vc-'-ihq Fi h-&ncP -Di CP-C: -qv-
Address: 6 5 00 PaL1 m a A V e.ytu p
Telephone: (6 0 5) 4 6 1- 50 1'2-- Fax: (8 0 5) 44- 1 - 0 G a G
-t
Offer is made by Consultant: Offer is A ted by City:
Date: December 8 1993
David M. Griffith & Associates, Ltd. Date: J�lf f
Allan P. Burdick
Vice President
Please Return One Signed Copy of Agreement To:
David M. Griffith & Associates, Ltd.
5715 Marconi Avenue, Suite A
Carmichael, CA 95608
lrw�
\;c
DAVID M. GRIFFITH AND ASSOCIATES, LTD.
December 8, 1993
Russell L. Scotten
Acting Finance Director
City of Atascadero
6500 Palma Avenue
Atascadero, California 93422
Dear Russ:
Enclosed are two copies of an executed agreement to provide mandated cost claiming services.
Please review this and let me know if you have any questions. If all looks satisfactory, please
have one copy signed and returned to our Carmichael office.
The State Controller expects to issue claiming instructions for "two-month" claims for July and
August, 1992 sometime after the first of the year. Once issued, I will be in touch to schedule
interviews and begin the data collection process once again.
It was a pleasure working with you, and other city staff were especially helpful in providing the
necessary information to complete claims. I look forward to meeting you all soon and I hope
you all have a happy holiday season.
Since ly,
Vir it Salzman
Senior Con t
California Office:5715 Marconi Ave., Suite A • Carmichael, CA 95608 • (916)485-8102
RESOLUTION NO. 137-93
I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH DAVID M. GRIFFITH AND ASSOCIATES, LTD.
TO PROVIDE CONSULTING SERVICES TO PREPARE AND
FILE STATE MANDATE CLAIMS
WHEREAS, Section 2-4.14 of the Atascadero Municipal Code allows the
City Manager to purchase supplies for all departments or divisions of the City; and
WHEREAS, it is in the cities best interest to obtain reimbursement of state
mandated costs; and
WHEREAS, David M. Griffith and Associates, Ltd. provides specialized
knowledge and expertise in claiming said state mandated costs.
NOW, THEREFORE, BE IT RESOLVED that the City of Atascadero directs the
City Manager to enter into an agreement with David M. Griffith and Associates,
Ltd. to provide consulting services to prepare and file state mandated claims.
On motion by Councilmember Luna, and seconded by Councilmember
Bewley, the foregoing Resolution is hereby adopted in its entirety on the following
roll call vote:
AYES: Councilmembers Bewley, Borgeson, Luna and Mayor Nimmo
NOES: None
ABSENT: One Seat Vacant
ADOPTED: November 23, 1993
ATTEST,' CITY OF ATASCADERO
\ -- By:
LEE RRA601N, City C erk ROBERT P. NIMMO, Mayor
APPROVED AS TO FORM:
I
AR ER MON ANDD , City Attorney