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Home My WebLink AboutC-2403• 0 -No CONTRACT FOR SERVICES G `i This agreement is made and entered into by the City of Arcadia ( "CITY ") and Cost Recovery Systems, Inc. ( "CONSULTANT "), a California Corporation. WHEREAS, CITY has determined that contracting with CONSULTANT is the most cost effective method of preparing applicable State Mandate Reimbursement claims in order to maximize revenue to CITY. WHEREAS, CONSULTANT has the knowledge and experience to prepare and submit such State Mandate Reimbursement Claims on behalf of CITY. Now, therefore, the parties agree as follows: 1. SCOPE OF WORK CONSULTANT shall complete in a professional manner the Proposed Scope of Work. Each Proposed Scope of Work shall be approved by both CITY and CONSULTANT and shall be attached to this agreement, with each sequential Proposed Scope of Work designated Attachment A -1, A -2, A -3, etc. Claims shall be filed based upon proof of CITY costs. Claims shall not be filed if costs do not exceed one thousand dollars ($1,000) per program per year. If data needed to file applicable claims is not provided by CITY in a timely manner (see "5. INFORMATION AND MATERIALS PROVIDED BY THE CITY ") CONSULTANT cannot guarantee timely submission of claims. CONSULTANT reserves the right not to file any mandated claim(s) listed under Proposed Scope of Work. 2. TERM OF AGREEMENT The term of this contract shall be in effect until terminated by the Parties, as provided herein. 3. FEE FOR SERVICES CONSULTANT shall be compensated in the amount and manner specified in the Proposed Scope of Work. Each Proposed Scope of Work showing applicable fees for services and method of payment shall be approved by both CITY and CONSULTANT and shall be attached to this agreement, with each sequential Proposed Scope of Work designated Attachment A -1, A -2, A -3, etc. Enni :l 1141VA CONSULTANT shall be responsible for performing the work under this agreement in a professional manner and shall be responsible for the acts of its employees as it relates to this agreement. CITY shall hold CONSULTANT harmless and indemnify CONSULTANT from negligent acts of CITY'S agents, representatives and employees. Citv of Arradin PA UP I of i Client TTT Liability of CONSULTANT to CITY with regard to all work and services performed or provided by CONSULTANT for CITY under this Agreement shall be limited to the total fee actually paid by CITY to CONSULTANT under the applicable Proposed Scope of Work. Under no circumstances shall CONSULTANT have any liability to CITY in excess of the amount of such fees or compensation. CITY acknowledges and agrees that but for the above limitation of liability, CONSULTANT would not be able to provide the services for CITY under this Agreement for the prices applicable to the Agreement, and that this limitation of liability is reasonable. 5. INFORMATION AND MATERIALS PROVIDED BY THE CITY CONSULTANT will file the claims with the information provided by CITY and shall assume that all information and materials provided by CITY are correct and complete. The CONSULTANT shall in no way be liable for reductions and disallowances made, for whatever reason, by the State. CONSULTANT shall only file claims for which adequate records or documentation has been provided by CITY. Claims shall not be filed for amounts that do not exceed one thousand ($1,000) dollars. 6. WORK COMPLETION IN A TIMELY MANNER CITY agrees to provide all information needed to complete the claims two weeks prior to the established due date or two weeks after the data has been requested by the CONSULTANT, whichever is first. If information has been received in a timely manner, CONSULTANT agrees to complete and file the claim(s) on or before the date established for submitting such claims to the State of California. If data is not provided in a timely manner and CONSULTANT is unable to complete the claims, the claims shall be submitted late, when allowed by the State. CITY understands that late claims are subject to a 10% penalty up to a year after the original due date. CITY understands that the State does not allow that claims be submitted more than a year after the original due date. CONSULTANT shall not be responsible for late penalties or for the loss of claiming opportunities. CONSULTANT shall not be liable for any claims not filed due to incomplete, insufficient, or late information. 7. CALCULATION OF INDIRECT COST RATE PROPOSALS OR OVERHEAD RATES CONSULTANT is not obligated to calculate overhead rates. CONSULTANT shall make every reasonable effort to calculate overhead rates when data is available and provided by the CITY in a timely manner and where direct costs of a claim exceed two thousand ($2,000) dollars. City of Arcadia PROP 9 of 4 Client M. i • rwW136`41 110 0 21 E In the event an audit is conducted by the State Controller's Office and upon notification by CITY, CONSULTANT shall assist CITY in defending its claim(s). One day of on -site audit assistance shall be included in the scope of this contract. A total of twenty four (24) consultant hours shall be included in the scope of this contract. Additional time shall be paid for on a time and materials basis if requested by the CITY. CITY shall be provided copies of all claims prepared and filed on their behalf. All working papers and documents used to prepare the claims shall be maintained by CONSULTANT and shall be available for inspection, upon request from CITY, at any time. Computerized claim forms and other proprietary software and materials are the sole ownership of the CONSULTANT, and shall not be used or distributed in any way by CITY. 10. CANCELLATION OR AMENDMENT OF AGREEMENT Either party shall have the right to cancel this agreement by giving the other party at least two (2) weeks written notice. If CITY chooses to cancel the agreement, CITY shall be obligated to pay for the work in progress and portions of work completed on behalf of CITY prior to the receipt of the cancellation notice. This agreement may be amended upon the mutual written consent of the parties. 11. ARBITRATION Any dispute between the parties with respect to any issues arising from this agreement shall be the subject of binding arbitration under the rules of the California Code of Civil Procedure Section 1280 et. seq. or any successor statute thereto. The following representatives from: City of Arcadia Name City Manager Title Date: i 01 1 Cost Recovery Systems, Inc. K�k � �21 Annette S. inn President Date: agree to the terms and conditions stated in this agreement. APPROVED AS TO FORM:' S . P. � Stephen P. Deitsch, . City Attorney City of Arradin Pane 3 of 7 Client ID- Cost` Recovej October 3; 2008 Mr Hue Quach Finance Director City of Arcacia 240 West Huntington Drive Arcadia, California 91006 Dear Hue, Inc. 0 Thank_ you for calling to request this proposal for state mandate claiming services. Attached is some general information as well as a list eligible State Mandate Reimbursement claims. We are confident that you will be pleased with the results of engaging Cost Recovery Systems (CRS). Our approach is to maximize your reimbursement while making the entire process simple for you and your staff. This proposal covers the costs associated with providing State Mandate claiming services for both the FY 2006 -07 late claims that were due last year and the current year claims for FY 2007 -08. In addition to the annual claims, the following is a list of new programs that should be released this fiscal year. Racial Profiling Training of Peace Officers. — Mandates a five hour, one -time training of officers hired prior to 2004 in certain circumstances. Local Recreation Area: Background Screenings — Mandates additional screening, fingerprinting, and background checks of prospective employees,and volunteers who would have supervisory or disciplinary authority over minors. Fire Safety. Inspection of Care Facilities — Requires fire departments to conduct pre - inspection, consultation, and provide written notification of fire safety regulations to community, elderly, and child care facilities. California Fire Incident Reporting — Allows for the reimbursement of one -time costs for the purchase and installation of necessary hardware and software to implement the program. Binding Arbitration - Requires that local agencies enter into binding arbitration with law enforcement officers and firefighters when an impasse in negotiations has beendeclared. Local Government Employment Relations — Establishes an additional method for creating an agency shop arrangement and expands the jurisdiction of the Public Employment Relations Board. Child Abuse Investigation Reports — Mandates certain interagency reporting of child abuse and neglect cases between jurisdictions. Domestic Violence Background Checks — Requires the district attorney or prosecuting city attorney conduct detailed background checks of individuals charged with domestic violence. 705 -2 Easi Bidwell Street, # 294 Folsom, California 95630 Telephone: 916:939.7901 Fax: 916.939.7801 We also offer many extra services such as periodic newsletters to keep you and your staff up to date on State Mandate issues and bi- annual payment tracking reports showing all claims filed and amounts paid by the State. I have attached samples of these reports for two comparably sized cities. Please contact me at (916) 939 -7901 if you have any questions or would like additional information. Sincerely, Annette S. Chinn Arcadia - State Mandated Claiming Services Proposal Page 2 Additional Services 8T Benefits of Contracting with CRS Experienced Consultant Preparing Your Claims Contracting with CRS guarantees your City will have one of the most knowledgeable and experienced consultants in the state preparing and defending your agency's mandate reimbursement claims. With over fifteen years experience preparing these claims, Annette Chinn has prepared and filed thousands of state mandated reimbursement claims on behalf of over 90 California cities. She will work directly with your agency to ensure claims are maximized and documented to the maximum extent possible. No junior consultants will be sent to actually do the work after the senior people have sold you on the project. Our knowledge and experience translates directly into higher reimbursements. Assistance in Documenting Direct Costs We are finding that the State is much more stringent regarding claim documentation. Hiring an experienced consultant to help the City determine what level of documentation is required for each claim and to assist in implementing better record keeping should help protect your City's claims in case of audit. We spend time on site with our clients to help determine the best method of documenting costs and to set up and recommend other time keeping tools. Calculation of Indirect or Overhead Costs Calculating departmental indirect cost or overhead rates is an area that most cities do not take full advantage of. By calculating these rates, we are typically able to increase our client's claims by 20 to 80 percent. The increase in revenues generated by calculating these overhead rates alone typically more than pays for our fee. Our firm's experience in this area ensures your rates will be calculated in compliance with State and Federal guidelines. Assistance if Claims are Audited Our service.doesn't end with submission of the claims. In some instances the State Controller's office may call with questions regarding claims. We will respond to their inquiries and defend these claims if they are audited by the State Controller's Office. This continued service increases the chances of keeping the dollars claimed and allows City staff to spend its valuable time on other projects. One day of on -site assistance would be provided in case a field audit is conducted a total of 24 consultant hours are included in the contract if required as a result of an audit. Additional time will be billed on a time and materials basis. Payment Tracking Reports Filing and receiving payment from the State is only a part of the process. With so many reimbursable programs spanning multiple fiscal years and with some being paid prorated amounts, keeping on top of what the State owes for these mandated programs can be a challenging, but critical task. To assist in this endeavor, CRS will send clients a bi- annual report showing what should have been received from the State for each mandated program by fiscal year. This will provide another source to check internal records against. Arcadia - State Mandated Claiming Services Proposal Page 3 . a a r eae Annual Claims Absentee Ballots 2006 -07 (late) 1/15/08 i $9,000 Administrative License Suspensions j 2007 -08 (actual) Fixed Fee Airport Land Use Animal Adoption Brendon Maguire Act Crime Victims' Domestic Violence Incident Reports - DNA Databases & Postmortem Exams - Domestic Violence Arrest Policies j - Domestic Violence Victims Assistance - False Reports of Police Misconduct Firefighter Cancer Presumption Fire Safety Inspection of Care Facilities Health Benefits for Survivors of Officers Local Government Employee Relations Local Recreation: Background Screenings G - Peace Officer Bill or Rights - Peace Officer Cancer Presumption Peace Officer Personnel Records - Photographic Record of Evidence j Racial Profiling Training j Rape Victim Center Notices - Search Warrant: AIDS - Stolen Vehicle Notification - Threats Against Peace Officers i Expected New Claims (due in FY 2008-09): t - Local Recreation Areas: Background 2001 -02 i Expected Included in Screenings 2002 -03 due date Fee Above 2003 -04 prior to 2004 -05 6/30/08 2005 -06 Local Government Employee Relations 2000 -01 2001 -02 2002 -03 2003 -04 2004 -05 (' 2005 -06 Arcadia - State Mandated Claiming Services Proposal Page 4 New Claims (continued): - Racial Profiling Training 2001 -02 Expected Included in 2002 -03 due date Fee Above 2003 -04 prior to 2004 -05 6/30/08 2005 -06 - California Fire Incident Reporting 1990 -91 " i 1991 -92 - Binding Arbitration 2000 -01 (1 -1 -01) " 2001 -02 2002 -03 (4 -1 -03) i - Fire Safety Inspection of Care Facilities 2000 -01 i " 2001 -02 2002 -03 2003 -04 2004 -05 2005 -06 - Childs Abuse Investigation Reports 1999 -00 " 2000 -01 2001 -02 2002 -03 2003 -04 2004 -05 2005 -06 2006 -07 2007 -08 i - Domestic Violence Background Checks 2001 -02 " 2002 -03 2003 -04 2004 -05 2005 -06 2006 -07 2007 -08 Method of Payment: CRS proposes to structure the fee for both "Annual" and "New" claims in the Scope of Services listed above on the Fixed Fee Method. Payment, not to exceed $9,000, would be requested after claims are prepared and submitted to the State Controller's Office. Arcadia - State Mandated Claiming Services Proposal Page 5 References: Apple Valley Bell Gardens Buena Park Chino Chino Hills Claremont Costa Mesa Cucamonga County Water District Downey Encinitas Fresno Hesperia La Puente Laguna Niguel Lake Elsinore Lake Forest Lakewood Lawndale Lynwood Monrovia Montclair Newark Norwalk Orange County Fire District Palmdale Paramount Rancho Cucamonga Rancho Palos Verdes Rialto Rocklin Roseville San Gabriel San Juan Capistrano San Marcos South Lake Tahoe Stanton Tustin Upland West Hollywood West Valley Water District Contact persons and phone numbers will be gladly provided upon request Arcadla - State Mandated Claiming Services Proposal Page 6