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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 -2- 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 M 10. Changes n 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 RVPUB \NGS \557188 C -1 �W *40 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 RVPUB \NGS \557188 C -1 n CM 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. RVPUB \NGS \557188 C -1 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."