HomeMy WebLinkAboutC-1837Contract Number : OIF -006
Agreement to Provide
Mandated Cost Claiming Services
THIS AGREEMENT, entered into this lg4h day of rahuluf , 200p -and
effective immediately by and between MAXIMUS, Inc. (hereinafter "Cons ltant ") 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. 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 2000 -2001 fiscal year and estimated claims for the 2001-
2002 fiscal year. The fiscal year 2000 -2001 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, 2002.
B. All Other Claims for Which Claiming Instructions Are Issued in FY 2001-
2002
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 2001 -2002 fiscal year.
City of Arcadia - 1 - April 16, 2001
2.
3.
4.
%W `"00 Contract Number : OIF -006
The Consultant shall file these claims to the extent that appropriate documentation is
available and verifiable and that claim amounts exceed $200 per claim.
Scope of Services 1.A. & B. - Annual State Mandated Cost Reimbursement Claims
& All Other New Claims for Which Claiming Instructions are Issued in FY 2001-
2002
For the services provided pursuant to Scope of Services 1.A.& B., the City agrees to pay
the Consultant upon submission of the claims to the State Controller, a fixed fee of nine
thousand five hundred fifty dollars ($ 9,550). The fee would be due in two equal
installments: Fifty percent (50 %) or $4,775 of the fixed fee shall be due on February 1,
2002 and June 1, 2002.
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:
2001 -2002
$9,550
2002 -2003
$10,050
2003 -2004
$10,550
P /ease check and initial here your choice for a three -year contract.
❑ Yes for three -year option
(initials)
C9No fo ee -year option
(initials)
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
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April 16, 2001
gird *40� Contract Number : 01F -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.
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.
EMENUOT. M :i MMMM, V :.
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 16, 2001
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10. Changes
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Contract Number : OIF -006
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
Title: Administrative Srvs. Dir.
Telephone: (626) 574 -5425
Fax: (626) 821 -0092
Address: 240 W. Huntington Drive, Arcadia, CA 91007
OFFER IS MADE BY CONSULTANT OFFER IS ACCEPTED BY CITY
.��
Date: April 16, 2001 Date:
City Official— William R. Kelly
City Manager
4 w
APPROVED AS TO FORM:
City Attorney
City of Arcadia
City of Arcadia .4- April 16, 2001
IM
3.2. 10 Insurance.
low
ATTTACHIKENT 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
procure and 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 Liability. 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
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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
Coverage. 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
the 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 endorsements must be received and
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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.
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CER/IFICA0. OF
INSURANCE "� — DATE/YY)
,. 01/222 /02 /02
PRODUCER
MARSH USA INC.
1255 23rd STREET, NW
SUITE 400
WASHINGTON,
Attn: PATTY MUNI NIZ - T-202-263-7769 2 - 263 -7769
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
500625 - MAXIM -GAUWP -2001
A FEDERAL INSURANCE CO
INSURED
COMPANY
MAXIMUS, INC. AND ALL SUBSIDIARIES
11419 SUNSET HILLS ROAD
B ROYAL INDEMNITY CO
COMPANY
RESTON, VA 20190
C Executive Risk Specialty Insurance Company
COMPANY
D
COVERAGES This certificate supersedes and replaces any previously Issued certificate, !
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM /DD/YY)
POLICY EXPIRATION
DATE (MM /DDNY)
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE
$ 2,000,000
X
PRODUCTS - COMP /OP AGG
$ 2,000,000
A
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE IX-1 OCCUR
3537 -42 -97
04/01/01
04/01/02
PERSONAL & ADV INJURY
$ 1,000,000
EACH OCCURRENCE
$ 1,000,000
OWNER'S & CONTRACTOR'S PROT
FIRE DAMAGE (Any one fire)
$ 1,000,000
MED EXP (Any one person)
$ 10,000
AUTOMOBILE
LIABILITY
B
ANY AUTO
PTS- 461800
04/01/01
04/01/02
COMBINED SINGLE LIMIT
$ 1,000,000
ALL OWNED AUTOS
SCHEDULED AUTOS
X
BODILY INJURY
(Per person)
$
HIRED AUTOS
NON -OWNED AUTOS
X
BODILY INJURY
(Per accident)
$
X
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT
$
OTHER THAN AUTO ONLY:
ANY AUTO
EACH ACCIDENT
$
AGGREGATE
$
EXCESS LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
UMBRELLA FORM
$
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
X STATUTORY LIMITS
—
EACH ACCIDENT
_ _
$ 1,000,000
B
RTC - 461802
04/01/01
04/01/02
THE PROPRIETOR/ X INCL
PARTNERSIEXECUTIVE
DISEASE - POLICY LIMIT
$ 1,000,000
DISEASE - EACH EMPLOYEE
$ 1,000,000
OFFICERS ARE: EXCL
OTHER
C
PROFESSIONAL LIAB
8165 -7146
05/01/01
05/01/02
1,000,000
DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS
LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS AND MAY HAVE DEDUCTIBLES OR RETENTIONS.
HE CITY OF ARCADIA, ITS DIRECTORS, OFFICIALS, OFFICERS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL
INSUREDS FOR GENERAL LIABILITY /AUTOMOBILE LIABILITY, BUT ONLY AS RESPECTS THE OPERATIONS OF THE NAMED INSURED. THE ABOVE
OVERAGES ARE PRIMARY AND NON - CONTRIBUTORY. WAIVER OF SUBROGATION APPLIES.
CERTIFICATE HOLDER CLE- 000668852 -00
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF ARCADIA
EXPIRATION DATE THEREOF, THE INSURANCE COMPANY WILL ENDEAVOR TO MAIL
ATTN: TRACEY L. HAUSE -ADMIN. SERVICES DIRECTOR 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
240 W. HUNTINGTON DR'
P.O. BOX 60021
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
ARCADIA, CA 91066
ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AH1H =X3Z F%bB6BNmI = MARSH y¢��) /1
Scott A. Dean �%/1� �/� �/
ACORD 26 -8 3/93
__ ,A ACORD CORPORATION 19
PRODUCER
MARSH USA INC.
1255 23rd STREET, NW
SUITE 400
WASHINGTON, DC 20037
Attn: PATTY MUNIZ - T- 202 - 263 -7769
500625 -MAX I M -GAU W P -2001
INSURED
MAXIMUS, INC. AND ALL SUBSIDIARIES
11419 SUNSET HILLS ROAD
RESTON, VA 20190
DATE (MM /DD/YY)
'CLE- 000668652 -00' 01/22/02
COMPANIES AFFORDING COVERAGE
COMPANY
E
COMPANY
F
COMPANY
G
COMPANY
H
MAXIMUS, INC. AND ALL SUBSIDIARIES
11419 SUNSET HILLS ROAD
RESTON, VA 20190
POLICY NUMBER: 3537 -42 -97 (4/1/01- 4/1/02) COMMERCIAL GENERAL LIABILITY CG 20 10 03 97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED- OWNERS, LESSEES OR
CONTRACTORS- SCHEDULED PERSON 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, EMPLOYEES, AGENTS AND VOLUNTEERS.
(If 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 II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect 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.
CG 20 10 03 97 Page 1 of 1 Copyright, Insurance Services Office, Inc., 1996
CITY OF ARCADIA
ATTN: TRACEY L. HAUSE - ADMIN. SERVICES DIRECTOR
240 W. HUNTINGTON DR.
P.O. BOX 60021
ARCADIA, CA 91066
INCLUDES COPYRIGHTED MATERIAL OF ACORD CORPORATION WITH ITS PERMISSION.
n
ROYAL & _
SUNALLIANCE
This Endorsement Changes the Policy. Please Read it Carefully.
ENDOR5EIvIENTNO
I
Type pobcy number only, in this section above the heavy tine, IF 'issued with policy and attachment stated in policy declarations
If this endorsement is listed in the policy declarations, it is in COUNTERSIGNED BY:
effect from the time coverage under this policy commences.
Otherwise, the effective date of this endorsement is as shown
below at the same time or hour of the day as the policy became
effective, AUTHORIZED REPRESENTATIVE
COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE
ROYAL INDEMNITY COMPANY 4/1/01 4/1/02
PRODUCER CODE PREMIUM ENDORSEMENT IMO.DAY, YR) POLICY SYMBOL t NO
EFFECTIVE
Add /1 /ai.
'¢ ..... Ret -- s _ - _.._ _...._ _ DATE P TS- 461800 0001
Named Insured (and address, zip code when necessary for matting) producer (and address. zip code for mailing)
MAXIMUS, INC. AND ALL SUBSIDIARIES
ADDITIONAL INSURED — CONTRACTS
30 DAY NOTICE
THIS ENDORSEMENT AMENDS INSURANCE PROVIDED UNDER THE FOLLOWING:
BUSINESS AUTO COVERAGE FORM
SUBJECT TO ALL OTHER TERMS AND CONDITIONS OF THE POLICY NOT EXPRESSLY
AMENDED BY THIS ENDORSEMENT, IT IS AGREED THAT;
A. SECTION II — LIABILITY COVERAGE, B. WHO IS AN INSURED IS AMENDED TO
INCLUDE THE PERSON OR ENTITY SHOWN AS ADDITIONAL INSURED IN THE SCHEDULE
OF THIS ENDORSEMENT► BUT ONLY WITH RESPECT TO THAT PERSON'S OR ENTITY'S
LIABILITY ARISING OUT OF THE OPERATION OR USE OF A COVERED "AUTO" BY YOU
IN THE PERFORMANCE OF A WRITTEN CONTRACT BETWEEN YOU AND SUCH ADDITIONAL
INSURED.
B. CONDITIONS
1. IF THIS BUSINESS AUTO COVERAGE PART OR POLICY IS CANCELLED FOR ANY
REASON, OTHER THAN NON--PAYMENT OF PREMIUM, WE WILL PROVIDE THE ADDITIONAL
INSURED SHOWN IN THE SCHEDULE OF THIS ENDORSEMENT 30 DAYS ADVANCED WRITTEN
NOTICE OF CANCELLATION.
2. THE COVERAGE PROVIDED BY THIS ENDORSEMENT IS PRIMARY INSURANCE OVER
ANY OTHER INSURANCE.
3. THE ADDITIONAL INSURED SHOWN IN THE SCHEDULE OF THIS ENDORSEMENT IS
SUBJECT TO ALL OF THE PROVISIONS, EXCLUSIONS AND CONDITIONS OF THE POLICY
TO WHICH THIS ENDORSEMENT IS ATTACHED AND MADE PART THEREOF,
SCHEDULE
ADDITIONAL INSURED: "THIS ENDORSEMENT IS APPLICABLE TO THOSE ENTITIES
WHOM REQUIRE SUCH IN THEIR CONTRACT WITH MAXIMUS, INC. OR ANY
WHOLLY OWNED SUBSIDIARY."