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HomeMy WebLinkAboutC-1868a 330 -sd e /Bt9 *4&0* Nllo� Contract Number: 02F -006 Agreement to Provide Mandated Cost Claiming Services THIS AGREEMENT, entered into this , day of h 1E, 2002 and effective immediately by and between MAXIMUS, Inc. (hereinafter "Consultant ") and the City of Arcadia (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. Scone of Services The Consultant shall prepare claims for reimbursable state mandated costs as provided herein. i% A. Annual State Mandated Cost Reimbursement Claims The Consultant shall prepare and file applicable actual annual state mandated cost reimbursement claims for the 2001 -2002 fiscal year and estimated claims for the 2002- 2003 fiscal year. The fiscal year 2001 -2002 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 January 15, 2003. B. All Other Claims for Which Claiming Instructions Are Issued in FY 2002- 2003 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 2002 -2003 fiscal year. City of Arcadia - 1 - April 25, 2002 2. 3. Contract Number: 02F -006 The Consultant shall file these claims to the extent that appropriate documentation is available and verifiable and that claim amounts exceed $200 per claim. Scope of Services I.A. & B. - Annual State Mandated Cost Reimbursement Claims & All Other New Claims for Which Claiming Instructions are Issued in FY 2002- 2003 For the services provided pursuant to Scope of Services 1.A.& B., the City agrees to pay the Consultant upon submission of the claims to the State Controller, a fixed fee of ten thousand two hundred fifty dollars ($10,250). The fee would be due in four equal installments: Twenty -five percent (25 %) or $2,562.50 of the fixed fee shall be due on September 1, 2002, December 1, 2002, March 1, 2003, and June 1, 2003. Three -Year Option — Fixed Fee The City may elect to secure a three -year fixed fee contract pursuant to Scope of Services I.A. and I.B. at a secured rate as follows: 2002 -2003 $10,050 2003 -2004 $10,550 2004 -2005 $11,100 Please check and initial here your choice for a three-year contract: ❑ Yes for three -year option 1 N�t three -year option (initials) (initials) . T-113 MMMINIT-3 0 1_! , 1 I n 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. City of Arcadia - 2 - April 25, 2002 *AW IWO Contract Number: 0217-006 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. Third Parties The City and the Consultant are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide, any right or benefit, whether directly or indirectly or otherwise, to third persons. �IMCTIM MITI i l IT-EWFITTIM 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. f�rM 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. ! M. A IT-To 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 at the desk audit level 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. Nothing in this section or any part of this Agreement shall be construed to include Incorrect Reduction Claims preparation. 9. Insurance Consultant shall acquire and maintain appropriate general liability insurance, workers' compensation insurance, automobile insurance, and professional liability insurance. See Attachment A — Insurance Provisions — Section 3.2.10. City of Arcadia - 3 - April 25, 2002 v4w Contract Number: 02F -006 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 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: Tracey Hause Telephone:(626) 574 -5127 Title: Administrative Services Director Fax: (626) 821 -0092 Address: 240 W. Huntington Dr., Arcadia, CA 91006 OFFER IS MADE BY CONSULTANT P adl y Bur ess, V'ce President MAXIMUS, Inc. CONCUR: Tracey H use Date Administrative Services Director OFFER IS ACCEPTED BY CITY 0__MVW_ City Official William R. Kelly City Manager Date: June 5, 2002 APPROVED AS TO FORM: City Attorney City of Ar City of Arcadia - 4 - April 25, 2002 M 3.2.10 Insurance. Attachment "A" 3.2.10.1 Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. 3.2.10.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subcontractors directly reporting to the Consultant. Consultant shall also require all of its subcontractors to maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage: (A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001) or equivalent; (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto) or equivalent; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 per accident for bodily injury or disease. 3.2.10.3 Professional Liabilitv. Consultant shall procure and maintain, and require its sub - consultants to procure and maintain, for a period of two (2) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. 3.2.10.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies: (A) General Liability. The general liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insured with respect to the Work or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in DMGattachment A A -1 �W Attachment "A" connection with such work; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (B) Automobile Liability. The automobile liability policy shall be endorsed to state that: (1) the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant's scheduled underlying coverage. Any insurance or self - insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it in any way. (C) Workers' Compensation and Employers Liability Coveraee. The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant under this agreement. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not fall below the required limits of this contract except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.5 Separation of Insureds; No Special Limitations. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents and volunteers. 3.2.10.6 Deductibles and Self- Insurance Retentions. Consultant has ample insurance coverage in place to meet and satisfy the insurance requirements of this contract. 3.2.10.7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VII, licensed to do business in California, and satisfactory to the City. 3.2.10.8 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and DMGattachment A A -2 Attachment "A" endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. DMGattachment A A -3 u 5 5u -.10 u 10. LjEMlPTNFlC9PRotTIFIC&AT2 DATE (MMIDDIVY) 04/03/02 �AMA7TSM PRODUCER 18 ISSUED AS OF INFORMATION MARSH USA INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1255 23rd S TREET, NW HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SUITE 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. WASHINGTON, 20037 Afar: PATTY MUNI NIZ - T- -2020 2 -7789 COMPANIES AFFORDING COVERAGE COMPANY 500625 - MAXIM -GAUWP -2001 A FEDERAL INSURANCE CO INSURED COMPANY MAXIMUS, INC. AND ALL SUBSIDIARIES B ROYAL INDEMNITY CO 11419 SUNSET HILLS ROAD RESTON, VA 20190 COMPANY C EXECUTIVE RISK SPECIALTY INS CO COMPANY (;A CLERK IA D THIS IS TO CERTIFY THAT THE P i]CIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTIMTHSTANDING ANY RECUIREMENT, TERM OR CCNOITICN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CCNbMCNS OF SUCH POUCIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 00 LTR TYPE OFNSURANCE PCLN:YNUMBER POLNWEFFECTIVE DATE (MMIDDIYY) POLICY EXPIRATION DATE (MMMbIYY) LIMITS OENERAL LIABILITY GENERAL AGGREGATE $ 2,0,000 A X COMMERCALGENERAL LIABILITY 3537 -42-97 04/01/02 04/01/03 PRODUCTS - comp/op AGG S 2,000,000 CLAMSMADE DOCCUR PERSONAL BADVINJURY $ 1,000,000 OWNER'SACONTRACTO 'SPROT EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE Anyonefire $ 1,000,000 MEd E)P An me ram s 10,000 AUTOMOBILE LIABILITY A ANY AUTO 353742 -97 04/01102 04/01/03 COMBINED SNGLE LIMIT $ 1,000,000 %( ALL OWNED AUTOS BODILYINJURY SCHEDULED AUTOS (Pr Pram) X HIRED AUTOS BODILYINJURY X NON -OMED AUTOS (Pr wdd") PROPERTY DAMAGE $ OARAOE LIABILITY AUTO ONLY -EA ACCIDENT S ANY AUTO OTHER THAN ALTO ONLY EACH ACCIDENT $ AGGREGATE $ XCE LIAIMLI EACH OCCURRENCE g UMBRELLA FORM AGGREGATE s OTHER THAN UMBRELLA FORM $ )N A140 EMPLOYERI'LWLRY X S[ATUTORYUMITS B RTO. 465.555 04101102 04/01/03 EACH ACCIDENT $ 1,000, THE PROPRIETOR/ X INCL DISEASE -POLICY LIMIT $ 1+000,000 PARTNERSIEXECUIME $ 1,000,000 QFFICERSARE EXCL DISEASE -EACH EMPLOYEE OTHER C PROFESSIONAL LIAB 61657146 05/01/01 05101/02 1,000 +000 DESVRIPYICM OF OP ATIONSLOCATION EIIICLESISPE M8 LIMITS M Y HAVE BEEN RSDUCEJD BY PAID CLAIMS AND NAY HAVE DEDUCTIBLE RE E TIONS. E CITY OF ARCADIA ITS DIRECTORS OFFICIALS, OFFICERS, EMPLOYEES AGENTS AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL NSt REDS FOR GENERAL LIABILITY /AUtOMOBILE LIABILITY, BUT ONLY AS RESPECTS THE OPERATIONS OF THE NAMED INSURED. THE ABOVE OVERAGES ARE PRIMARYAND NON -CONTRIBUTORY. WAIVER OF SUBROGATION APPLIES. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE CITY OF ARCADIA EXPRATION DATE THEREOF. THE INSURANCE COMPANY WILL ENDEAVOR TO MAR. ATTN: TRACEY L. HAUSE - ADMIN. SERVICES DIRECTOR 31_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 240 W HUNTINGTON DR. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OSLIOATION OR LIABILITY OF P.O. BOX OW21 ARCADIA, OA 91066 ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AM xNI IMFlIMBBBINNI01IIR MARSH I1 qu I V ^' Soolt A. Dean �7� WE F WDOW) 04/03/02 PRODUCER COMPANIES AFFORDING COVERT MARSH USA INC. 125 NW COMPANY O23rdSMET, SUITE E WASHINGTON, DC 20037 Attn: PATTY MUNIZ - T- 202 - 263.7769 COMPANY F S00625- MAX I M-GA U W P -2001 Uli1RE0 COMPANY MAXIMUS, INC. AND ALL SUBSIDIARIES 11419 SUNSET HILLS ROAD G RESTON,VA 20190 r COMPANY ui r Y OF H CITY CLERIC K MAXIMUS, INC. AND ALL SUBSIDIARIES 11419 SUNSET HILLS ROAD RESTON, VA 20190 POLICY NUMBER: 3537-42.97 (411!01 - 411102) COMMERCIAL GENERAL LIABILITY CG 2010 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS LESSEES OR CONTRACTORS- SCHEDULED OERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: / CITY OF ARCADIA, ITS DIRECTORS, OFFICIALS, OFFICERS, tMPLOYEES, AGENTS AND VOLUNTEERS. J (I f no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Who Is An Insured (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with reaped to liability arising out of your ongoing operations performed for that insured. The coverage provided by this endorsement is primary insurance over any other insurance. CO 2010 03 97 Page 1 of 1 Copyright, Insurance Services Office, Inc., 1996 ATTN: TRACEY L. HAUSE - ADMIN. SERVICES DIRECTOR 240 W HUNTINGTON DR. P.O. BOX 60021 ARCADIA, CA 91066 INCLUDES COPYRIGHTED N#TBRIAL Or ACCRD CORPORATION WITH ITS PERNISSION.