2023-25 Nichols Consulting - SB 90 Cost Preparation Claims ReimbursementMEMORANDUM a,Q"&a
CALIFORNIA
DATE: January 31, 2023
TO: Christina Calderon, Community Resources Manager
FROM: Michael Calderon, Community Resources Analyst
RE: NICHOLS CONSULTING - SHORT FORM SERVICES AGREEMENT FOR SIB
90/STATE MANDATED COST REIMBURSEMENT CLAIM PREPERATION SERVICES
Please list the Contracting Party / Vendor Name, type of agreement to be executed, including any change orders or
amendments, and the type of services to be provided. Make sure to list any related Project No. and Project Name.
Authoritv to execute this aareement is based upon:
1-1 Approved by City Council on n/a
F-1_ City Manager's signing authority provided under the City's Purchasing Police
[Resolution No. 2019-021] for budget expenditures of $50,000 or less.
Department Director's or Manager's signing authority provided under the City's
Purchasing Policy [Resolution No. 2019-021] for budget expenditures of $15,000 and
$5,000, respectively, or less.
Procurement Method (one must apply):
L I_ Bid 1-1 RFP n RFQ n 3 written informal bids
QSole Source 11 Select Source El Cooperative Procurement
Reauestina department shall check and attach the items below as annrooriate:
�✓ _ Agreement payment will be charged to Account No.: 101-2001-60103
❑✓J Agreement term: Start Date February 1, 2023 End Date June 30, 2025
Fv L Amount of Agreement, Amendment, Change Order, etc.: $ 8,000.00
REMINDER: Signing authorities listed above are applicable on the aggregate Agreement amount,
not individual Amendments or Change Orders!
❑✓
NOTE:
Insurance certificates as required by the Agreement for Risk Manager approval
Approved by: Laurie McGinley Date: 1 /31 /2023
Bonds (originals) as required by the Agreement (Performance, Payment, etc.)
Conflict of Interest Form 700 Statement of Economic Interests from Consultant(s)
Review the "Form 700 Disclosure for Consultants" guidance to determine if a Form
required pursuant FPPC regulation 18701(2)
Business License No. LIC-769143 Expires: 6/30/2023
Requisition for a Purchase Order has been prepared (Agreements over $5,000)
700 is
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GEIA of the DESERT'
CITY OF LA QUINTA
SHORT -FORM SERVICES AGREEMENT
($25,000 OR LESS)
1. PARTIES AND DATE. This Agreement is made and entered into this 1 day of January 2023,
("Effective Date") by and between the City of La Quinta, a Municipal Corporation and Charter
City organized under the Constitution and laws of the State of California with its principal place
of business at 78495 Calle Tampico, La Quinta, CA ("City") and Nichols Local Government
Consulting dba Nichols Consulting, a Limited Liability Company with its principal place of
business at 1857 441"Street, Sacramento, CA 95819 ("Vendor"). City and Vendor are
sometimes individually referred to as"Party" and collectively as "Parties" in this Agreement.
2. TERMS AND CONDITIONS. The Parties shall comply with the terms and conditions in the
attached Exhibit"A."
3. SCOPE AND SCHEDULE OF SERVICES. Vendor shall provide to City the services pursuant to
the date(s) and schedule(s) described in accordance with the schedule set forth in Exhibit
M
4. TERM. The term of this Agreement shall be from February 1, 2023 to June 30, 2025,
unless earlier terminated as set forth in the attached Terms and Conditions. This Agreement
may not extend beyond a period of five (5) years, unless under the City's Fiscal Policies and
Procedures this Agreement is exempt from the five (5) year limitation.
5. COMPENSATION. Vendor shall receive compensation for services rendered under this
Agreement at the rates and schedule set forth in the attached Exhibit "C" for a fixed rate of
Eight Thousand Dollars ($8,000) and a twenty percent (20%) contingent fee, but in no event
shall Vendor's compensation exceed Nine Thousand Six Hundred Dollars ($9,600) for the life
of the agreement without written amendment.
6. FORCE MAJEURE. The time period specified for performance of the services rendered
pursuant to this Agreement shall be extended because of any delays due to unforeseeable
causes beyond the control and without the fault or negligence of Vendor including, but not
restricted to, acts of God or of the public enemy, fires, earthquakes, floods, epidemic,
quarantine restrictions, riots, strikes, freight embargoes, acts of any governmental agency
other than City, and unusually severe weather, if Vendor shall within ten (10) days of the
commencement of such delay notify the City in writing of the causes of the delay. The City
shall ascertain the facts and the extent of delay and extend the time for performing the
Services for the period of the forced delay when and if in their judgment such delay is
justified, and the City's determination shall be final and conclusive upon the parties to this
Agreement. Extensions to time periods for performance of services, which are determined
by the City to be justified pursuant to this Section, shall not entitle the Vendor to additional
compensation unless City expressly agrees to an increase in writing.
7. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall
be deemed to be an original, and such counterparts shall constitute one and the same
instrument.
S. INSURANCE. In accordance with Section 4 of Exhibit "A," Vendor shall, at its expense,
procure and maintain for the duration of the Agreement such insurance policies as checked
below and provide proof of such insurance policies to the City. Vendor shall obtain policy
endorsements on Commercial General Liability Insurance that name Additional
Insureds as follows: The City of La Quinta, its officers, officials, employees and
agents.
Commercial General Liability Insurance:
® $1,000,000 per occurrence/$2,000,000 aggregate OR
❑ $2,000,000 per occurrence/$4,000,000 aggregate
® Additional Insured Endorsement naming City of La Quinta
❑ Primary and Non -Contributory Endorsement
Automobile Liability:
® $1,000,000 combined single limit for bodily injury and property damage.
Workers' Compensation:
❑ Statutory Limits / Employer's Liability $1,000,000 per accident or disease
❑ Workers' Compensation Endorsement with Waiver of Subrogation
Professional Liability (Errors and Omissions):
❑ Errors and Omissions liability insurance with a limit of not less than
$1,000,000 per claim
K
IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed
on the day and year first above written.
CITY OF LA QUINTA
a California Municipal Corporation,
and Charter City
CHRISTINA CALDERON
Community Resources Manager
ATTEST:
WIF*WAS.111Imm
MONIKA RADEVA, City`Clerl
City of La Quinta, California
APPROVED AS TO FORM:
Ltd, &Z.-1-4 .�ezlm_
WILLIAM H. IHRKE, City Attorney
City of La Quinta, California
3
NICHOLS LOCAL GOVERNMENT
CONSULTING, LLC
a Limited Liability Company
ND NICH
❑wn/President
EXHIBIT "A"
TERMS AND CONDITIONS
1. Compensation. Vendor shall be paid on a
time and materials or lump sum basis, as may
be set forth in Exhibit "C", within 30 days of
completion of the Work and approval by the
City.
2. Compliance with Law. Vendor shall comply
with all applicable laws and regulations of the
federal, state and local government. Vendor
shall assist the City, as requested, in obtaining
and maintaining all permits required of Vendor
by Federal, State and local regulatory agencies.
Vendor is responsible for all costs of clean up
and/or removal of hazardous and toxic
substances spilled as a result of his or her Work.
In explanation of the forgoing and not by way of
limitation, Vendor shall comply with any
Federal, State, and local laws, regulations,
orders, and guidelines related to the work
provided by the Vendor during the COVID-19
state of emergency declared by the Governor of
California and City of La Quinta. Such Federal,
State, and local laws, regulations, orders, and
guidelines include but are not limited to;
Executive Orders from the Governor of
California and orders and guidance issued from
the California Department of Public Health
(DPH); Orders from the Riverside County Public
Health Officer; and Emergency Resolutions and
Executive Orders from the City Council and City
Manager, respectively, for the City of La Quinta.
3. Standard of Care. The Vendor shall perform
the Work in accordance with generally accepted
professional practices and principles and in a
manner consistent with the level of care and
skill ordinarily exercised by members of the
profession practicing under similar conditions.
4. Insurance. The Vendor shall take out and
maintain, during the performance of all work
under this Agreement; A. Commercial General
Liability Insurance in the amounts specified in
Section 8 of the Agreement for bodily injury,
personal injury and property damage, at least
as broad as Insurance Services Office
Commercial General Liability coverage
(Occurrence Form CG 0001), and if no amount
is selected in Section 8 of the Agreement, the
amounts shall be $1,000,000 per
occurrence/$2,000,000 aggregate; B.
Automobile Liability Insurance for bodily injury
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and property damage including coverage for
owned, non -owned and hired vehicles, of at
least $1,000,000 per accident for bodily injury
and property damage, at least as broad as
Insurance Services Office Form Number CA
0001 (ed. 6/92) covering automobile liability,
Code 1 (any auto); C. Workers' Compensation
in compliance with applicable statutory
requirements and Employer's Liability Coverage
of at least $1,000,000 per accident or disease.
Vendor shall also submit to City a waiver of
subrogation endorsement in favor of city, and
D. Professional Liability (Errors and Omissions)
coverage, if checked in section 6 of the
Agreement, with a limit not less than
$1,000,000 per claim and which shall be
endorsed to include contractual liability.
Insurance carriers shall be authorized by the
Department of Insurance, State of California, to
do business in California and maintain an agent
for process within the state. Such insurance
carrier shall have not less than an "A"; "Class
VII" according to the latest Best Key Rating
unless otherwise approved by the City.
4.1 Pass Through Clause. Vendor agrees to
ensure that its sub -consultants, sub-
contractors, and any other party involved with
the project who is brought onto or involved in
the project by Vendor, provide the same
minimum insurance coverage and
endorsements required of Vendor. Vendor
agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that
such coverage is provided in conformity with the
requirements of this section. Vendor agrees that
upon request, all agreements with consultants,
subcontractors, and others engaged in the
project will be submitted to Agency for review.
5. Indemnification. The Vendor shall indemnify
and hold harmless the City, its Council,
members of the Council, agents and employees
of the City, against any and all claims, liabilities,
(including liability related to exposure to
communicable diseases, illnesses, or viruses),
expenses or damages, including responsible
attorneys' fees, for injury or death of any
person, or damage to property, or interference
with use of property, or any claim of the Vendor
or subcontractor for wages or benefits which
arise in connection with the performance of this
Agreement, except to the extent caused or
resulting from the active negligence or willful
misconduct of the City, its Council, members of
the Council, agents and employees of the City.
The foregoing indemnity includes, but is not
limited to, the cost of prosecuting or defending
such action with legal counsel acceptable to the
City and the City's attorneys' fees incurred in
such an action.
6. Laws and Venue. This Agreement shall be
interpreted in accordance with the laws of the
State of California. If any action is brought to
interpret or enforce any term of this Agreement,
the action shall be brought in a state or federal
court situated in the County of Riverside, State
of California.
7. Termination. The City may terminate the
services procured under this Agreement by
giving 10 calendar days written notice to
Vendor. in such event, the City shall be
immediately given title and possession to any
original field notes, drawings and specifications,
written reports and other documents produced
or developed for the services. The City shall pay
Vendor the reasonable value of services
completed prior to termination. The City shall
not be liable for any costs other than the
charges or portions thereof which are specified
herein. Vendor shall not be entitled to payment
for unperformed services, and shall not be
entitled to damages or compensation for
termination of work. Vendor may terminate its
obligation to provide services under this
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Agreement upon 30 calendar days' written
notice to the City only in the event of City's
failure to perform in accordance with the terms
of this Agreement through no fault of Vendor.
S. Agreement Terms. Nothing herein shall be
construed to give any rights or benefits to
anyone other than the City and the Vendor. The
unenforceability, invalidity or illegality of any
provision(s) of this Agreement shall not render
the other provisions unenforceable, invalid or
illegal. Notice may be given or delivered by
depositing the same in any United States Post
Office, certified mail, return receipt requested,
postage prepaid, addressed to the parties to the
addresses set forth in the Agreement. Vendor
shall not assign, sublet, or transfer this
Agreement or any rights under or interest in this
Agreement without the written consent of the
City, which may be withheld for any reason.
Vendor is retained as an independent contractor
and is not an employee of the City. No
employee or agent of Vendor shall become an
employee of the City. The individuals signing
this Agreement represent that they have the
authority to sign on behalf of the parties and
bind the parties to this Agreement. This is an
integrated Agreement representing the entire
understanding of the parties as to those matters
contained herein, and supersedes and cancels
any prior oral or written understanding or
representations with respect to matters covered
hereunder. This Agreement may not be
modified or altered except in writing signed by
both parties hereto.
EXHIBIT "B" AND "C"
SCOPE AND SCHEDULE OF SERVICES/COMPENSATION FOR SERVICES
N Nichols
SB 90/State Mandated Cost Reimbursement
Claim Preparation Services by Nichols Consulting
for the City of La Quinta
I. History & Backilround of the Senate Bill 90 (SB 90)/State-Mandated Cost Process
The concept of state reimbursement to local agencies and school districts for state
mandated activities originated with the Property Tax Relief Act of 1972 (Senate Bill 90,
Chapter 1406, Statutes of 1972), known as SB 90. The primary purpose of the Act was to
limit the ability of local agencies and school districts to levy taxes. To offset these
limitations, the Legislature declared its intent to reimburse local agencies and school
districts for the costs of new programs or increased levels of service mandated by state
government.
In 1979, voters approved Proposition 4, which added article XIII B to the California
Constitution and superseded the SB 90 legislation. Article XIII B imposed appropriation
limits on the tax proceeds of both state and local governments. Section 6 of article XIII B
requires that whenever the Legislature or any state agency mandates a new program or
higher level of service on local government, the state must provide a subvention of funds
to reimburse the associated costs, with certain exceptions.
To implement section 6 of article XIII B, the Legislature enacted Government Code
section 17500 under Chapter 1459, Statutes of 1984. Under Government Code section
17500, the State Controller's Office releases Claiming Instructions for SB 90/State
Mandated Cost Claims. Local Government Agencies have 120 days to file timely claims
and one-year after that deadline to file "Late" claims with a 10% penalty.
Ii. Claiming Opportunities for the City of La Ouinta
As described above, the City of La Quinta is eligible to file SB 90/State Mandated Cost
reimbursement claims for a variety of programs, the scope of services for the City of La
Quinta is for the reimbursable State Mandated Cost activities of:
• Driving Under Influence (DUI) Administrative License Suspension (a.k.a.
"Admin per Se")
• Domestic Violence Calls -- Reimbursable programs include:
o Domestic Violence Arrest Policies and Standards
o Domestic Violence Arrests and Victims Assistance
• Local Government Employee Relations — Costs associated with Public
Employment Relations Board (PERK) cases as required by the Meyers-Milias-
Brown Act (MMBA)
• Local Agency Employee Organizations: Impasse Procedures II - Costs
associated with Factfinding after Impasse has been reached.
N Nichols
• Peace Officer Training: Mental Health/Crisis Intervention — Costs for Training
FTOs as required by SB 29.
• U Visa 918 Form, Victims of Crime: Nonimmigrant Status — Costs for
completing the Federal U Visa application.
• Racial and Identity Profiling (RIPA — AB 953) — Recording "Stop" Data and
forward all reports to the State Department of Justice.
• Sexual Assault Evidence Kits: Testing — Administering testing of sexual assault
victims and uploading onto the Federal database (COD1S).
III. Information and Data ReQuested by Nichols Consulting
During the course of gathering all necessary information for the preparation of eligible
programs for the City of La Quinta:
Sheriff Department Statistics — Approximately 75-90 minutes of Sheriff
Department time to pull data in general, non-specific terms and summarize this
information on my form in order to prepare these claims in accordance with State
Controller's Office guidelines.
Sheriff Department Billing Rates — Billing rates of the Sheriff Department Staff
by Title. This type of information will typically be provided by the County
Sheriff as an addendum to the contract with the City.
IV. Compilation of All Eligible Costs for Reimbursement from the State of California
Nichols Consulting has proposed to prepare all eligible SB90/State Mandated Cost claims
for the City of La Quinta through the end of the 2024 2025 fiscal year. Nichols
Consulting will calculate all eligible direct and indirect costs in accordance with both
State and Federal Guidelines, in order to maximize reimbursement for the City of La
Quinta.
After your claims have been completed and approved to your satisfaction, Nichols
Consulting will hand -deliver the claims to the State Controller's Office and will receive a
receipt of transmission. Claims are typically paid by the State Controller's Office the
following May or June (for Late -Claims) and the following August/September for timely -
filed claims.
Payment Dates for Annual Claims
With regards to payments for annual ongoing claims from the State of California, the
State Controller's Office issues checks by August 15 to avoid the accrual of interest in
accordance with Government Code section 17561.5(b). The latest timely -filed Annual
Ongoing Claims can be paid is October 15 of each year as required by 17561(d).
Nichols
V. Fixed Fee Options for Nichols Consulting Claim Preparation Services
Nichols Consulting is proud to offer a Fixed Fee option to the City of La Quinta:
a. Fixed Fee of $3,000 for all Eligible Claims for FY2021-22
Nichols Consulting is offering to prepare and submit all eligible claims. Under
this arrangement, Nichols Consulting is offering comprehensive SB 90/State
Mandated Cost Claim Preparation Services for a Fixed Fee of $2,600. This fee
would be one payment of $2,600. The dates of this installment is May 31, 2022.
or
b. 3 -Year Fixed Fee of $8, 000 for FYs 2022-23, 2023-24 & 2024-25
Nichols Consulting is offering to prepare and submit all eligible claims through
June 30, 2025. Under this arrangement, Nichols Consulting is offering
comprehensive SB 90/State Mandated Cost Claim Preparation Services for 3-
Years for a Fixed Fee Amount of 58,000: FY 2022-23 ($2,400), FY 2023-24
($2,600) and FY2024-25 ($3,000). Payment will be due in March of each
respective fiscal year.
Please do not hesitate to ask any questions. Thank you for your consideration.
Nichols
IN