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Home My WebLink About05479 - MAXIMUS INC SB 90 CONSULTING SERVICES Kathie Hart From: Cindy Cairns Sent: Wednesday, May 21, 201411:08 AM To: Kathie Hart Cc: Jay Thompson;Geoffrey Kiehl Subject: RE:A5479-Maximus Inc(SB 90 reimbursement services) Yes,work was completed and agreement may be closed. [ \� Thanks, Cindy Cairns I Administrative Assistant a� City of Palm Springs I Department of Finance&Treasury J 320o E.Tahquitz Canyon Way, Palm Springs,CA 92262 Office:760.323.8229 1 Fax:76o.322.8320 I Email: Cindy.Cairns(apalmspringsca.gov �q�1P60.aP Palm Springs City Hall is open 8 am -6 pm Monday through Thursday,and closed on Fridays From: Kathie Hart Sent: Wednesday, May 21, 2014 11:01 AM To: Geoffrey Kiehl Cc: Cindy Cairns; Jay Thompson Subject: A5479 - Maximus Inc(SB 90 reimbursement services) Jeff/Cindy: This agreement was signed in Sept. 2011 for FY 11-12 and FY 12-13 for consulting services relating to the reimbursement of state mandate costs. Has the work been completed? If yes, may I close the agreement file? Please advise. Thank you. Kathie Hart, CMC Chief Deputy City Clerk City of Palm Springs T(760)323-8206 3200 E Tahquitz Canyon Way A (760)322-8332 Palm Springs, CA 92262 ®Kathie.14art@PalmSpringsC4.9ov Please note that City Hall is open 8 a.m. to 6 pin,.Monday through Thursday,and closed on Fridays at this time. 1,�"=;( 1 CONSULTING SERVICES AGREEMENT Comprehensive State Mandate Cost Reimbursement(SB 90) Services THIS AGREEMENT FOR CONSULTING SERVICES ("Agreement') is made and entered into on 2011, by and between the City of Palm Springs, a California charter city and in cipal corporation ("City"), and Maximus Consulting Services, Inc., a wholly owned subsidiary of Maximus, Inc., ("Consultant'). City and Consultant are individually referred to as "Party" and are collectively referred to as the"Parties". RECITALS A. City requires the services of a professional consultant to provide Comprehensive State Mandate Cost Reimbursement(SB 90) Services, ("Project'). B. Consultant has submitted to City a proposal to provide Comprehensive State Mandate Cost Reimbursement(SB 90) services to City under the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified and desires to provide the necessary services to City for the Project. D. City desires to retain the services of Consultant for the Project. In consideration of these promises and mutual agreements, City agrees as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide Comprehensive State Mandate Cost Reimbursement (SB 90) Services to City for Fiscal Work Years 2011-12 and 2012-13 as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated by reference (the "services" or "work"). Exhibit "A" includes the agreed upon schedule of performance and the schedule of fees. Consultant wan-ants that all services and work shall be performed in a competent, professional, and satisfactory manner consistent with prevailing industry standards. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in this Agreement,the terms set forth in this Agreement shall govern. 1.2 Compliance with Law. Consultant services rendered under this Agreement shall comply with all applicable federal, state, and local laws, statutes and ordinances and all lawful orders, rules, and regulations. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. 1 Revised:6/16/10 781247.1 ORIGINAL BID ANOIOR AGREEMENT 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A." Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. Consultant shall be compensated and reimbursed for the services rendered under this Agreement in accordance with the schedule of fees set forth in Exhibit"A". The total amount of Compensation shall not exceed $6,802.20. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall submit to City an invoice for services rendered prior to the date of the invoice, no later than the first working day of such month, in the form approved by City's finance director. Payments shall be based on the hourly rates set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated in the invoice that are approved by City and consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents, work product, or work,when required by the enactment or revision of any subsequent law; or B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to, and contingent upon, funds being appropriated by the City Council of City for each fiscal year. If such appropriations are not made,this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 2 Revised:6/16/10 781247.1 4.2 Schedule of Performance. All services rendered under this Agreement shall be performed under the agreed upon schedule of performance set forth in Exhibit "A." Any time period extension must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered under this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, if Consultant notifies the Contract Officer within ten (10) days of the commencement of such condition. Unforeseeable causes include, but are not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather. After Consultant notification, the Contract Officer shall investigate the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if, in the Contract Officer's judgment, such delay is justified. The Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 4.5 of this Agreement, this Agreement shall continue in full force and effect commencing upon the execution date of this agreement on page 1 for a period of no less than two (2) years, unless extended by mutual written agreement of the parties. 4.5 Termination Prior to Expiration of Term. City may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant. Where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer after such notice. Consultant may terminate this Agreement, with or without cause,upon thirty(30) days written notice to City. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is designated as being the principal and representative of Consultant authorized to act and make all decisions in its behalf with respect to the specified services and work: Frank Murphy, Principal Consultant It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services under this Agreement. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract Officer"). Consultant shall be responsible for keeping the Contract Officer fully informed of the progress of the performance of the services. Consultant shall refer any 3 Revised:6/16/10 781247.1 decisions that must be made by City to the Contract Officer. Unless otherwise specified, any approval of City shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform any services required under this Agreement without the City's express written approval. In addition, neither this Agreement nor any interest may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required, except as otherwise specified. Consultant shall perform all required services as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services in this Agreement. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Frank Murphy Principal Consultant 5.6 Accuracy of Information. Consultant shall provide guidance to City in determining the data required for work performed under this contract. The City agrees to provide Consultant with data that is accurate and complete to the best of its knowledge. The City acknowledges and agrees that Consultant shall be entitled to rely upon the accuracy and completeness of the data provided by the City to perform the work under this Agreement. Consultant shall not be liable for any missed or lost revenue associated with, or related to, the services provided pursuant to this Agreement. 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in the attached Exhibit "B", incorporated herein by reference. 7. INDEMNIFICATION. 7.1 Indemnification. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its 4 Revised:6/16/10 781247.1 elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties'), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from any violation of any federal, state, or local law or ordinance, and from errors and omissions committed by Consultant, its officers, employees, representatives, and agents, that arise out of or relate to Consultant's performance under this Agreement. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees, agents, and volunteers. In no event shall Consultant be liable for indirect, special, incidental, economic, consequential, or punitive damages, including but not limited to lost revenue, lost profits, replacement goods, loss of technology rights or services, loss of data, or interruption or loss of use of software or any portion thereof regardless of the legal theory under which such damages are sought even if Consultant has been advised of the likelihood of such damages, and notwithstanding any failure of essential purpose of any limited remedy. City agrees that Consultant's total liability to City for any and all damages whatsoever arising out of or in any way related to this Agreement from any cause, including but not limited to contract liability or Consultant's negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not, in the aggregate, exceed ten times the value of the contract. 7.2 Design Professional Services Indemnification and Reimbursement (*Waived) If the Agreement is deteEntined to be a "design professional seEviees agreement" and Consul is a "design professional" under Galifi4mia-Civil C-Ade Seetien fullest T A. To the fullest eiEtent peFmi ted by law,Gensult annl.nl�Qennnify, de en (aConsultant's sole eest and eiTense), ....test :d hold heFwAess City and its sleets.) eFfie: 1. efficers, employees, agents and veluffiteers and all sther p4lie ageneies whose approval e prejeet is requiFed, (individually«Indeninified », liabilities,any and all elaims,judgments, arbitfation awards, settlements, eosts, denw3ids, orders and penalties (wlwe ivel "�iui uni"), :..hiding but not iu aed to Claims arising ftem death of persons (Consultant's empleyees ineltWed) and damage to preperty, Whielt Claims Consultant, its agents, e l« e een' or ube ..«tFacten' or arise Consultant's fre negligen t, ek4eor- xill f l peFfefmaffee of or failure to e..0 any tenn, «t f Claints shall be fed-uped- *Fi ahe ta*tent sueh Claims arise from the negligenee, Feekilessness e nllfiwl _niseenduet of the City and its—eleeted officials—omoer-s, employees, agents elunte B. The Consultant shall-require-all non design p-a essinna-] sally eantf etoir used or subnt«.eted b Ce .ltta t to pef&Fm the Sefviees er Work required ndef this Agfeement, te exeeute aft lRdenngfieatien Agreement adopting the indemnity provisions in sub seetien 7.1 in €aver e€the Indenini€ed Parties. In additienri Consultant sWI Fegtiif l::ce l nor: design i.r iws «el sub ee«traete«n, ..used sub ee«teeted by Consultant to «er fo th Sef�iees er Work fequiFed tinder this Agreement, te obtain insufanee that is eensis4eat v4th th well as any other i a that may 1. 5 Revls d:6/16/10 781247.1 fe"ired by G,...,,aet O ffie... 7.3 Liability if Audited. Consultant shall, upon notice of audit, make work papers and other records available to the auditors. It shall be the Consultant's responsibility under an audit to provide reasonable assistance to the City through the audit and to make those changes to the cost allocation plan required as a result of the audit. 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer reports concerning the performance of the services required by this Agreement, or as the Contract Officer shall require. 8.2 Records. Consultant shall keep complete, accurate, and detailed accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City. Consultant shall deliver all above-referenced documents to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials. Consultant may retain copies of such documents for Consultant's own use. Consultant shall have an unrestricted right to use the concepts embodied in such documents. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents,papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement. Consultant shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of 6 Revised:6116110 781247.1 California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Interpretation. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties. The terms of this Agreement are contractual and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to limit, expand, or define the contents of the respective sections or paragraphs. 9.3 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing. No such waiver shall be a waiver of any other default concerning the same or any other provision of this Agreement. 9.4 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative. The exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.5 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 10. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Employees. No officer or employee of City shall he personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial interest in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects their financial interest or the financial interest of any corporation, partnership, or association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation. Consultant warrants that Consultant has not paid or given, and will not pay or give, any third party any money or other consideration in exchange for obtaining this Agreement. 10.3 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be 7 Revised:6/16/10 78124T1 no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication that either party desires, or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. Either party may change its address by notifying the other party of the change of address in writing. To City: City of Palm Springs Attention: City Manager/ City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Frank Murphy, Principal Consultant Maximus Consulting Services, Inc. 17310 Red Hill Avenue, Suite 340 Irvine, CA 92614 11.2 Integrated Agreement. This Agreement contains all of the agreements of the parties and supersedes all other written agreements. 11.3 Amendment. No amendments or other modifications of this Agreement shall be binding unless through written agreement by all Parties. 11.4 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties. 11.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the Parties' successors and assignees. 11.6 Third Party Beneficiary. Except as may be expressly provided for in this Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement be construed as conferring, any rights, including, without limitation, any rights as a third-party beneficiary or otherwise, upon any entity or person not a party to this Agreement. 8 Revised:6/16/10 781247.1 11.7 Recitals. The above-referenced Recitals are hereby incorporated into the Agreement as though fully set forth in this Agreement and each Parry acknowledges and agrees that such Party is bound, for purposes of this Agreement,by the same. 11.8 Authority. The persons executing this Agreement on behalf of the Parties warrant that they are duly authorized to execute this Agreement on behalf of Parties and that by so executing this Agreement the Parties are formally bound to the provisions of this Agreement. 9 Revised:6/16/10 781247.1 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated below. APPROVED BY CITY MANAGER "CITY" � City of Palm Springs Mt 6`�07 RA Date: t Qrnb& �1)\� o David H. Ready City Manager NOT TO EXCEED s I�SO�a4 APPROVED O FORM: ATTEST By: B . Douglo C. Holland, es Thompson, City orney City Clerk ` I "CONSULTANT" MAXIMUS Consulting Servic Inc. Date: By : Printed Name: Title: Q Adam Poletnick Not To Exceed $�O b3• Vice President Without The Express Written Assistant General Counsel Authorization Of The City Moneger, 10 Revised:6116110 781247.1 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT IOMw.an wa,�f� a v etate-ef-� County of Fe'; �AX q f //�� / On I ll before me, P Aj7T .S4,,.svi i . r r9 %A t1WN- va /] J y//� 1 I ff Nralnsen Nwns aNTaa olVeM personally appeared A l di r al A 7( fun")ai 69ner(s) who proved to me on the basis of satisfactory evidenoe to be the person(s) whose names) Were subscribed to the within instrument and acknowledged to me that hatshe/they executed the same in hisiiedheir authorized cepacity(ies),and drat by hitAwAheir signature(s)on the h8trur>ert the person(s), or the an" upon behalf of Itllrltl which the persort(s)acted,executed the instrument. a I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct- WrrNESS my nd and official seal. Sign �� Ract01Na75®I ADua `+.M'�atUra , Wypq,rgNc OP77ONAL Though the kdomtanon below is riot MWr by AM ft May 9"moAlft toped ra6ft an the document and oaud prevent frauduAW re Ml and movechmew of this firm to another docum Description of Attaetfed Documen Title or Type of Document: Document Date: Number of Pages Signer(s)Other Than Named Above: Capectty0ex)Crslaeed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑Individual ❑ Corporate Officer—Titie(s): ❑Corporate Officer—Title(s): • Partner—U Limited ❑General ❑Partner—0 Limited El General ❑ Attorney in Fact ❑Attorney in Fact ❑ Trustee lap at thumb tsye ❑Trustee Tar,of thwnla Fare ❑ Guardian or Conservator ❑Guardian or Conservator ❑ Other. ❑Ofher: Signer Is Represen tirgp Signer Is Representing: oa>arwuaaiNoanAwodatlon.aosousw,as:,ro.�z.oz.ex...ann.er.o,sts>xoe.�a.N.m�m,rau x.as�m r�ee,:eaner�faaoetseazx l l Revised:6/16/10 781247.1 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK Including, Schedule of Fees And Schedule of Performance 12 Revised:6116/10 781247.1 SB90 MANDATE REIMBURSEMENT SERVICES PROPOSAL MAMMUS TABLE OF CONTENTS A. Executive Summary............................................................................................................................3 A.1 Executive Summary......................................................................................................................3 A.2 Offeror Experience/Information....................................................................................................4 A.2.a Company Information...........................................................................................................6 A.2.b Company Description............................................................................................................7 A.2.c Company Structure................................................................................................................7 A.2.d Location of Company Offices...............................................................................................7 A.2.e Our Government Experience...............................................................................................10 B. Business Requirements.....................................................................................................................15 B.1 Business Requirements................................................................................................................15 B2 Methodology and Approach for Performance.............................................................................18 B.2.a Reimbursement Claims—Annual,New,Amended/Late.........................:..........................18 B.2.b Key Project Tasks................................................................................................................19 B.2.c Statewide Relationships& State Liaison............................................................................22 B.2.d Our Proposed MAX19US Team........................................................................................23 C. Professional Fees...............................................................................................................................27 CAFixed Fee.....................................................................................................................................27 C.2 Method of Payment.....................................................................................................................27 C.3 Offeror's Standard Contract........................................................................................................27 Appendix—MAXIMUS Project Team Resumes PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS PAGE 1 S690 MANDATE REIMBURSEMENT SERVICES PROPOSAL +ter MA mum A. EXECUTIVE SUMMARY A.1 EXECUTIVE SUMMARY Our Understanding of the Project A number of unique key requirements are associated with ensuring the City of Palm Springs has the best possible state mandated reimbursement claims and related services.The City should always anticipate that some claims will be audited by the State Controller's Office(SCO)periodically. Since the SCO can audit claims over a three-year period, it is highly likely the City will have six,nine,or even twelve of the claims filed in any fiscal year audited before the statute of limitations ends.As a result,while it is foremost to claim every eligible dollar possible, it is equally important to make sure all claims are prepared in accordance with the State's requirements and can stand up to the rigors of an audit. MAXIIviUS proposes a team of experienced staff members with extensive qualifications no other firm can match. Our Local Agency Claiming Team has over 30 years of experience with state mandated reimbursement and other financial services related work. Ms.Juliana Gmur is an attorney who has successfully litigated many test claims on behalf of MAXIMUS clients.No one understands state mandated reimbursement requirements,processes,and procedures better than Juliana. She has excellent working relationships with key staff on the California Commission on State Mandates(CSM)and the SCO. Mr.Mark Rewolinski brings over 25 years of audit experience to this team specifically in the arena of Federal and State claiming. Our team will help ensure that claims are prepared in a manner that will optimize claims,maintain compliance with all applicable claiming instructions, and are properly documented to pass audits.No other firm can propose a team with equal or greater qualifications and experience. To accomplish your stated SB90 reimbursement goals;the selected vendor must be able to gain each department's acceptance,and to develop and establish a close working relationship with each department. MAXIMUS has clearly demonstrated our ability to work very closely with our clients' SB90 Coordinators to ensure that person is fully versed on each department's plan and progress in documenting and reporting its various mandated reimbursement program or service activities. We have a proven track record of effectively meeting the somewhat diverse but complimentary goals for each of our clients,and their individual department representatives. Key Deliverables and Methodologies for Success There are a number of key deliverables,most with deadlines subject to financial sanctions if not completed in a timely manner. Our approach to completing these deliverables and meeting these important deadlines are described below. Annual Claims:MAXIMUS files your claims on time and without penalty. Our proven processes include working with the City of Palm Springs to provide initial and refresher department training,unique and user-friendly data collection forms, constant communication and follow-up and joint reviews of the final draft claims. In addition,we carefully analyze all data to make sure it is accurate and complete;we tenter the-data-intoour speeiaiized safiware to insure accurate oa lcuiations,-and-hav"wh claim cazefutiY _ reviewed by one or more consultants.This process has led to our success in consistently meeting your expectations. New or First-Time Reimbursement Claims: Our proposed staff is in a unique position to assist the City of Palm Springs in the anticipation,understanding,and preparation of new or first-time claims. Ms. Juliana Gmur has worked with the California.State Association of Counties(CSAC)SB90 Committee and also the CSAC-League of California Cities Advisory Committee on State Mandates. Ms.Juliana Gmur, our proposed legal counsel, has provided valuable legal advice to those committees. She will be PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS PAGE 3 ALSB90 MANDATE REIMBURSEMENT SERVICES PROPOSAL MAXIMUS available to assist the City with any new or first-time claims.Our staff will provide the City with the proper interpretations of the eligible activities included in the new reimbursable state mandates. This gives the City the advantage of knowing in advance what new claims are forthcoming. Well prior to deadline,MAXIMUS will meet with each of your departmental personnel to prepare and file all eligible new or first-time claims. We will continue to develop new data collection forms,procedures,and processes needed to prepare and submit all claims. We will also provide training for your personnel on how to document reimbursable claim components. State Controller Audit Responses:For any claim prepared and filed by MAXIMUS,we will assist the City of Palm Springs in responding to all desk reviews or field audit inquiries by the SCO. We will work closely with the City to provide a response whenever the SCO has an issue with a mandated reimbursement claim.We have extensive experience working with the SCO that will help yield the most reasonable and equitable method for resolving disputes. In addition,we serve as the liaison to the SCO, State Department of Finance(DOF),and the CSM in responding to statewide reimbursement estimate requests and other inquiries related to the City's state mandated reimbursement programs or claims. Incorrect Reduction Claims(IRC): Should any claims be disallowed by the SCO,we will be prepared to file an IRC at the City of Pahn Springs's request. To our knowledge, MAXIAIUS is the only firm that has filed IRCs for California municipalities. To date,we have filed over 160 IRCs on behalf of local agencies.Our experience is unmatched and our success rate has been nearly 100% in getting the State to restore some or all of the monies withheld. A-87 Indirect Cost Rate Proposals(ICRPs): ICRPs are a critical component of each claim that we prepare. When the SCO originally developed the A-87 Indirect Cost Rate Proposal(ICRP)format and requirements,MAXIMUS was the only company asked to assist in the process.It is critical to partner with a firm that possesses the expertise and knowledge necessary to prepare accurate and defensible ICRPs. Our consultants work closely with each department to ensure that all indirect costs reported will meet the State Controller requirements.Mr.Mark Rewolinski has prepared and successfully negotiated ICRPs for over 25 years, including some of the largest cities, counties,and school districts in the United States.He will work closely with your staff and the SB90 Coordinator to achieve accurate and defensible revenue recovery levels through defensible ICRPs. A.2 OFFEROR EXPERIENCE/INFORMATION MAXIMUS is well and uniquely qualified to serve the City of Palm Springs in all aspects of the SB90 mandated reimbursement process. We will show the depth and experience of our staff and if we need to bring in additional staff,we have highly skilled and experienced staff that we can assign to the project We offer the City the resources and stability of a large national firm along with a dedicated California practice specializing in the full range of state mandate reimbursement services including two professionally staffed offices located in Rancho Cordova and Irvine to help serve our clients' needs, and an additional seven California offices providing a host of related services. This combination guarantees the City will receive the highest level of consulting expertise and support possible.Many smaller firms cannot easily find qualified staff to replace proposed personnel that may leave the project mid-stream. MAJOMUS has seasoned consultants with over 50 years of combined consulting and SB90 experience that can assist with this engagement if needed. Smaller firms cannot promise-or provide that same-eOm --fw- - level. - MAXIMUS has provided financial services to all 58 California counties,and our staff has assisted in the preparation of mandated reimbursement claims for more than 400 local government agencies. We know and understand the unique and critical operations of the City. Regardless of the scenario,selecting MAXIMUS will allow the City's mandated reimbursement service to continue without disruption. In order to provide the City with a better understanding of our qualifications and experience,we have addressed the following topics below: PAGE 4 PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS SB90 MANDATE REIMBURSEMENT SERVICES PROPOSAL w mmmus ■ Our Experience in Providing State Mandated Reimbursement Claiming Services ■ Our Demonstrated Ability to Meet Deadlines and Maintain Confidential Information ■ Our Ability to Work Collaboratively with City Staff Our Experience in Providing State Mandated Reimbursement Claiming Services The MAXIMUS State Mandated Reimbursement Consulting practice began first in 1981 with the preparation of reimbursement claims for local agencies. In 1983,our practice expanded to providing statewide information and technical assistance to counties through its contract with CSAC and its CSAC SB90 Service. We thoroughly understand how Government operates;especially California Government and no other firm can bring that level of knowledge and experience to bear on this project.Listed below are some specific areas of expertise MAXIMUS has developed in serving or California clientele for over 25 years: ■ Reimbursement Claims—Annual,Amended/Late&New—Completion of annual,amended, and new state mandated reimbursement claims. We have prepared claims for over 500 local agencies. ■ Audit and Desk Reviews—Our desk review experience consists of all aspects of this process, including answering requests over the telephone,providing additional data to satisfy the State Controller's concerns,and holding face-to-face meetings with the Controller's staff over a variety of issues. We are currently assisting many of our clients with their Animal Adoption Claim audits and meet with the SCO's Audit staff regularly. ■ Incorrect Reduction Claims—MAXIMUS has prepared over 160 incorrect reduction claims at our clients'request.To date,MAXIMUS has been successful in returning most, if not all,of the funds at issue to our clients,which the client believes it is entitled to receive and has supporting documentation. ■ Test Claims—If the City would like assistance in the filing of a test claim,this would be a natural extension of our mandated reimbursement services.MAXIMUS is the only consulting firm to file test claims for local agencies. ■ Statewide Cost Estimates—MAXIMUS has assisted the Commission on State Mandates in developing the methodology for conducting statewide cost estimates,as well as actually gathering data and providing the CSM with statewide cost estimates for their consideration. ■ State Agency Relationships—MAXDv US is prepared to assist the City in developing relationships with agencies involved in the SB90 Mandated Reimbursement area, including the SCO, CSM,DOF,Legislative Analyst,Attorney General, or any other State Department involved in state mandated reimbursement claim issues. ■ New Reimbursement Claims MAXIMUS closely follows and participates in adoption of all new claims resulting from parameters and guidelines adopted by the Commission on State Mandates. Our Demonstrated Ability to Meet Deadlines and Maintain Confidential InformaSon We pride ourselves on filing timely SB90 Mandated Reimbursement claims with the State Controller's _—_-- Office.DuriWthe FiK92011 claiming season we were successful-in always being-able-to meetxhe. deliverables proposed to our clients and filed no late claims as a result of our work. To that end,we-will continue to set deliverable dates in writing that allow the City to review our work well in advance of the State's claim filing deadlines.We have ramped up our procedures and quality assurance measures to ensure that claims filed on the City's behalf are reviewed,pass the quality assurance process and meet the requirements of the State Controller's Office. MAXIMUS follows a strict and enforced confidential information policy. Each of our consultants is required to take an annual compliance seminar for the Health Insurance Portability and Accountability PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS PAGE 5 `v. SB90 MANDATE REIMBURSEMENT SERVICES PROPOSAL MAxIMUS Act(111PAA). We can assure you that each member of our Project Team will treat all the City information as private and confidential.Our on-site training sessions include discussion on the proper and safe transmission of sensitive and confidential information and the transmission of data over the internet. We comply with all H1PAA regulations and directives. Our Ability to Work Collaboratively with Your Staff We will work collaboratively with the City of Palm Springs's personnel to achieve the best results. We are very proud of the relationships we have built with our clients and will continue to strive to work with all departments staff.. We will constantly strive to improve our communication with you and your staff to help lessen each department's workload through improved communications and data efficiencies(such as easy-to-use reporting templates). We are available to all department's staff for the hours proposed in this engagement and throughout the claiming season. We will provide detailed contact information for our Project Director and our Senior Corporate Officer at project initiation,and they will be available to the City to answer questions or resolve issues. References We encourage you to contact the following references to verify our commitment to the City of Palm Springs: Commission on State Mandates Legislative Analyst Nancy Patton,Assistant Executive Director Marrianne O'Malley,Local Government Section 980 Ninth Street,Room 300 925 L. Street, Suite 1000 Sacramento, CA 95814 Sacramento,CA 95814 916.323.8217 916.319.8301 State Controller Jim Spano,Bureau Chief Compliance Auditors Bureau Division of Audits 300 Capitol Mall, 5th Floor Sacramento,CA 95814 916.323.5849 A.2.a Company Information MAXIMUS maintains 17 offices within California.The Company has more than 6,000 employees worldwide. Within the Financial Services Practice,we have approximately 15 professionals who provide mandated reimbursement related services to our clients throughout California. The work for this engagement will be conducted from two of our California offices, located in Rancho Cordova and Irvine. The address and contact information for both offices is included below: ■ MAXIMUS Consulting ■ MAXIMUS Consulting 3130 Kilgore Road, Suite 400 17310 Red Hill Ave, Suite 340 --__-- ___- Rancho Cordova,_CA-95670-- __ _____ ___ _Irvine,GA-92-614 Telephone: 623.217.8727 Telephone: 949.440.0845 ext. 114 Fax: 703.251.8240 Fax: 703.251.8240 Email: MarkRewolinski@gg2 imus com Email: FrankMWhy@pLaximus.com Contact:Mark Rewolinski—Vice President Contact: Frank Murphy—SB90 Manager PAGE 6 PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS SB90 MANDATE REIMBURSEMENT SERVICES PROPOSAL 1VIA mum A.2.b Company Description MAXIMUS has ably served local,state, and Federal government clients for more than 30 years. We have experienced continuous growth as a direct result of our relentless commitment to quality. Government service is not a sideline business for MAXIMUS; it is our core business.The efficient administration of government programs is critical to the lives of the people we serve. Recognition and acceptance of this responsibility requires us to set our standards high and to meet these standards consistently. Since our inception in 1975,MAXIMUS has been at the forefront of innovation in meeting our mission of `Helping Government Serve the People®."We provide products and services to all 50 states and the Federal government,as well as numerous counties,cities,and other local government entities across the United States. Our history of dedication and commitment to the needs of government sets MAXIMUS apart from our competitors. Our multi-disciplinary services and delivery systems are designed to make government more efficient and cost-effective,while improving the quality of services offered to millions of program beneficiaries. MAXIMUS delivers government program consulting,management and operations,and systems solutions to help Federal,state and local government operate more efficiently and effectively.We currently operate more than 5,700 active contracts that support more than 1,200 government agencies. Our staff includes more than 6,000 employees who have dedicated their careers to supporting our government clients. MAXIMUS is incorporated in and headquartered at 11419 Sunset Hills Road,Reston,Virginia 20190. The company maintains more than 240 other corporate and project offices across the United States, Australia, Israel, and Canada. A.2.c Company Structure The Mandated Reimbursement services for the City will be provided by MAXIMUS Consulting Services, Inc., a wholly owned subsidiary of MAXIMUS, Inc.(MAXITAUS).MAXIMUS was incorporated in Virginia in 1975 and MAXIMUS Consulting Services,Inc.was incorporated in 2008.MAXIMUS Consulting Services,Inc is registered to do business in the State of California. MAXIMUS has provided cost allocation services to states,cities and counties for more than 30 years. MAXIMUS is the recognized national leader in cost allocation services.MAXIMUS is dedicated to working in the public sector and is regarded as one of the largest public sector consulting firms in the nation. We are a company that has dedicated specialized areas like cost allocation consulting,and we employ the best consultants in this area. The advantage of having such a large specialized cost allocation practice is that the City is guaranteed to have competent consulting support for many years. You need to rely upon the assessment capabilities and insights of a company that understands the changes in mandated reimbursement techniques.In short,the City needs a partner to undertake this study in which they can confidently place their trust—a partner like MAXIMUS. A.2.d Location of Company Offices .-----MAXIMUS is incorporated in Virg nia.and has anexpansive organization with a-management structure that is streamlined and efficient,providing the benefits of local decision-making and subject matter concentrations, while allowing for the diversity and knowledge base of a national corporation. Our more than 6,000 employees, in over 170 offices,provide a variety of consulting,operations,and information technology services for government health and human service departments. Exhibit 1: MAMfM Across America illustrates the depth and breadth of our government experience. We have a national reputation for providing consulting services to state and local governments,covering virtually every area of government operations and programs. The MAXIMUS wealth of experience across PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS PAGE 7 t�M SB90 MANDATE REIMBURSEMENT SERVICES PROPOSAL IVLAX Mus government entities and programs has given us the knowledge and capacity to provide new and innovative solutions to our clients in an ever-changing environment. ivu susznxnznz a suz •f rseaorm a m �. i iv srmza •s+.ua ��,� -_ a s+ae •sas •suer: ozreemat a m a szaroz sswsist as i s a Sow •sun •snm •utvw uaaruw az a az •" nee \ 69i 01514CfOFGOIWIV. an •sl= Office Court By Step •0 Employee Count By State �+ Total payroll By Step w_ mw •: � Comrect Oollar Value wa....ao •tzm a a;ne oenw Exhibit 1: MAXIMUS Across America.MAXIMUS is proud that ourmore than 6,000 employees,located in more than 170 offices across the country, devote their energies and camers to government service. Our business model is defined by market areas,which allows us to recruit and hire individuals with expertise specific to a given market niche,and to attract consultants with national reputations in a particular market segment. This is true for our practices that focus on technical issues, such as governmental fund accounting and grants management. We have nationally recognized expertise in other areas,including Child Support Enforcement,Child Welfare,Medicaid,Food Stamps,Temporary Assistance to Needy Families,Day Care,and others. We offer a diverse set of products and services,ranging from financial consulting services to systems development and implementation to maintenance and operations of programs and systems. To support this diversity,MAXIMUS is organized as shown in Exhibit 2:ALUJAfUS Corporate Organization,on the following page. The group structure supports the goals of the corporation by aligning divisions with common market interests. Within all of our major segments, senior professionals provide the administrative, operational,systems, and programmatic expertise to implement and operate each project. PAGE 8 PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS S690 MANDATE REIMBURSEMENT SERVICES PROPOSAL jW MAXIMUS MAXIMUS Organization Y y r T*' xo-s 'Mde4gWm Mvma9' M SawMy,aq�EpticS`NM Cpnpner a Mikh e4Pmpvb:p4q MRpMfIS AItlX Cp�Mbpa CENEg4]014 Exhibit 2: MAXIMUS Corporate Organization. This project Will be managed by MAXIMUS Consulting Services, a wholly owned subsidiary of MAXIMUS, Inc., which assists state and local governments to enhance tax dollars through federal revenue recovery as well as reimbursement avoidance strategies. PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS PAGE 9 SB90 MANDATE REIMBURSEMENT SERVICES PROPOSAL 1"Mmus The MAXIMUS organization aligns with service offerings under our two major business lines—Human Services and Health Services.The services under this project will be delivered by the Financial Services practice within the Human Services segment. The Financial Services practice provides financial, management, and operations analysis to state and local governments. This project will be performed by MAXIMUS Consulting Services,Inc.(MAXIMUS Consulting), a wholly owned subsidiary of MAXIMUS,Inc. The project will be overseen by Steven Whitney,the Financial Services Practice Leader and Vice President of MAXIMUS Consulting.Mr. Whitney reports to Kathleen Kerr,President of MAXIMUS Consulting. A.2.e Our Government Experience MAXIMUS provides products and services to all 50 states,as well as numerous counties,cities,and other local government entities across the United States. Our history of dedication and commitment to the needs of government sets MAXIMUS apart from our competitors.Our multidisciplinary services and delivery systems are designed to make government more efficient and cost-effective, while improving the quality of services offered to millions of program beneficiaries. Our Guiding Principles Help Us Meet Our Clients'Expectations We take great pride in providing high-quality service to our clients and have consistently been successful in providing our clients with services that meet and exceed expectations. This success starts with the following fundamental principles of our Company,which will guide us during our work for the City of Palm Springs: ■ We are dedicated to providing the highest quality of service to our clients. We first take time to understand the operations and needs of our clients,and then we develop solutions to help resolve those issues. ■ We utilize an interactive process that fully involves our client in all aspects of our engagement, resulting in a product that the client understands and accepts as accurate. ■ We assign senior project teams to our engagements,using staff members who have many years of . consulting experience, who are on-site for the project,and who are directly involved in each step of the work process. ■ We seek to build long-term relationships based on mutual trust and respect, so that our clients feel free to seek us out for advice and counsel long after our engagement is complete. Service Offerings MAXIMUS has extensive experience in state mandate reimbursement claiming. We have provided these services to over 300 different counties,cities, school district and other local agencies. The table below summarizes our State mandated reimbursement experience with just a few of those 300 clients. Years wcrkirlq with: (lienE 4VleAt I evantl xpex enr x .Rm�i`uSili li"+4n _ v..tii2::..'.`r •u.`vo..?x" PAGE 10 PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS w SB90 MANDATE REIMBURSEMENT SERVICES PROPOSAL R /��r*�i r 1 Y It-'fX V[us Years working with Client Client Rai -ecpenonce 101113111 w In addition to state mandated reimbursement,MA)C US provides many other services to our government clients, including the following: ■ Financial services consulting ■ Operational and organizational assessments ■ Cost based analysis ■ Reviews of state and locally-operated programs to assess compliance with Federal and state requirements ■ Performing financial,gap and cost-benefit analyses for state,county, and local government entities ■ Preparing and managing Federal grants Is Defining and collecting robust reporting and assurance metrics ■ Proactively managing project risks ■ Ongoing program management and distribution improvements ■ Assisting states, local agencies, and school districts to understand and comply with the Federal policy and programs they implement through specialized financial and technical consulting ■ Performing program integrity vulnerability analyses and prevention pilot projects as well as error rate reduction and avoidance studies ■ Providing policy and best practice research and development ■ —Providingtechnical assistance in designing fining action plans and-programs that implementlaw and policy ■ Establishing technical requirements for information systems that execute policies and programs, and providing QA and IV&V services during the implementation of information systems such as Child Care Information Systems,Medicaid Management Information Systems,and State Automated Child Welfare Information Systems ■ Process Analytics PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS PAGE 11 r. ✓tom SB90 MANDATE REIMBURSEMENT SERVICES PROPOSAL MAXIMUS MAXIMUS provides financial consulting services to thousands of government agencies annually in California and the other 49 states. The following table summarizes some of the previous engagements performed by members of this project team that show the breadth and depth of our experience helping clients like the City deal with a wide variety of issues and problems. Client Project Description' lily of Lis E i3geles".. The City engaged us,tq benchmarttthe performance of all GeneratFund departments �iitorrira against a)a panel of large Ciali7orrfia cities and b)a panel of large al7es nationally to i.develop CostOfserviee intprovetn£nts to address asic�nificant bridge[shdrt�aN.We benchmark seavrce levels and operating costs of general fund departtneris against two e r group&.'-%rge C' Hfomia'citiesand large cities nationally We assessed thebUdget u e r - * , i pkcafiorisofopeteUngsrurclient's deparfirlprMs aitfi�pEeraverage�e, I and afim�Jev �� u�;��,� � ��;xefih�most efhc�tat gear Thedient used IMe study to balance a b��gp)3hat r4✓as ��, �� h-� � �` revloUs(y fn tlefiatb�$I50 rr�iillon,:earning#a'vora¢ie coverage in[fie t*Yevy Yorlr Tvn ,< � of is girt [tie c�Yyv as"sued by a viiretess carripany#or requlnngit tacs��tributg b aright-of ate i� hd city needed to revteY�flow k bt�l d for excavation LW' 6F tts streets.UYe were retained fo'. develop an',3tperi r ort#rn ttie costtothe ds 7iRt onl of er+ri ng,,�nd,in dlri 6 a a ceteCated depreaahbn iifistieets 4hat lost usefW de when excavated �� n ar�fierproferzd ttferlty;reta5ned.Oraete 4o provrd"e at #� b a nee+�2R-tior a,neW fin�nd;il� � gper system qr clewas ,ft'lableto wshsm�zetie;f�as �ge uttiWaWt wanted mkie4tan pL(c ether the n ti1 kt cb'angesy ere velth ttae tX�st We iitteri t w faran �l .. a sta#f to inventory afl oaf the uses of r( fa horn the�acco� ng 8fem d °ned tiie freg4enc�y ar�tl ce frofthe,shadowsystems for 5itanclal analysis and assisted wdh Cbsflp tataaWaesxoqetefminewnichsent Werew hthecost9fcust lZingto rtkgnate thpri in the neiv system, t ansns #detinew Huron 13esdurc s processJBs forrr�rouemenf henchmadc a�arr inAl7s rf sSourrt pray tires ideplffy bestc6c2s 'of other erfrricnt as a sourpe forr#nanagenientV,n . . n �� "., � � itafarovement�rrd� erlo�san�mpfementation'"kart 4 PAGE 12 PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS <u c f° >tg a £ °-{`I ® • C•� ih, :# .,h�lbt 3" y`�% � e it e r �® c c e s i v ,�� ,j EF5„�'' +tsar; s 2 3—n3„0.• 3i,6 IS n # c i •">i' y 6. ryi.4 1 2 Sj. m"" .uF 5� °.�� rk-Y'"'' ` �`�' i'�i,,><r .Lro P,�✓S�, q° .,,y G Si i �.• �:is 4 ' .:i' �. �,�°• .E:�.C u �� iL��K r �ys�t-.k i s�,f„ _r. e e E ^tc€ a ue .:�' :3A. - ?§i 55�1,.(1y� • �i E i r`ef lic � '�y Cs zE 4 •��t a 1 s ' ° 1�a k ti�q ra a aid' - ,� at i xC Tl �a ,s Y ;� ...�_.�Ss.-x-•_-...s—.:..�,.F v s .&s...<'�w-'� .,• t4 39��s�'.`•a#'�.'^Ns�-,._ o. i• c SB90 MANDATE REIMBURSEMENT SERVICES PROPOSAL MMMUs B. BUSINESS REQUIREMENTS B.1 BUSINESS REQUIREMENTS MAXIMUS believes a formal structured project management approach is required to achieve the business requirements and this projects success.This approach provides the framework to initiate,plan,execute, control,and close all of the project work. We offer the City of Palm Springs a tested and proven project management methodology based on Project Management Institute's(PMI)best practices and guidelines and refined based upon our experience across a wide array of programs. The exhibit below illustrates our project management approach. Our objectives for this assessment are to: ■ Fulfill the needs and satisfy the expectations of the City ■ Foster shared understanding of pertinent issues and identify and implement appropriate solutions ■ Execute the project with minimum disruption to staff in performance of their regular duties ■ Complete the project on time and within budget A clearly defined project management structure and work plan ensures project resources are focused and coordinated. The detailed work plan establishes a baseline that is critical for managing change and risk going forward.An integrated, comprehensive approach to planning and operations aligns strategic priorities and provides the foundation for a portfolio of capability. The exhibit above illustrates the principles and practices we follow to help ensure successful delivery of the services you request—the core of which is strong project management. ■ Strong Project Management: We will use a strong and holistic project management approach to help ensure completion of objectives and tasks on time, in scope,and within budget.However, we will also be flexible and adjust that approach to react to developments that may arise as we conduct the assessment, so that we are prepared to integrate changes or updates into our project plan and approach. -n-Collaborative Working Style:We understand that knowing the"right"answer is not always sufficient, so we work in a collaborative and collegiate way with our clients.This not only helps us find the appropriate solution together, it also allows for maximum knowledge transfer and professional development opportunities. ■ Solid Practices and Standards: Our project work is based on industry practices such PMI, Software Engineering Institute(SEI), Institute of Electrical&Electronics Engineers(IEEE), and other guiding organizations. PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS PAGE 15 SB90 MANDATE REIMBURSEMENT SERVICES PROPOSAL Mmmus ■ Disciplined Execution: Our disciplined execution of project tasks means we will provide high quality products and desired outcomes on-time and within budget. Key elements of our approach and the advantages to the City of Palm Springs are presented below. Appr©ach Elements Advantages to the City of Palm wings ��yk n �C<.�t=-•,:.' b i•}i` -nv } , 4� ti Y� T� ' ",'�'#tf 'u" ", kt a a We Follow Structured Work Plans and Processes Our firm has been successfully providing consulting services for our state and local agencies for more than 30 years and a key component of our success is the application of mature processes and industry standard methodologies for project management, quality assurance,and risk management. We are committed to providing the highest quality services. We manage our projects carefully and we maintain a rigorous quality assurance process to ensure client satisfaction. Working hand-in-hand with our client is a fundamental tenet of our methodology and philosophy. This minimizes the risk of errors,omissions,or faulty documents. Our processes allow our staff to operate at its best. We understand SB90 claiming and we will make sure we clearly understand what goals and objectives you want to achieve on each task requested so we can structure a project work plan that schedules the work and estimates the level of effort required to meet those goals and objectives. We Apply a Rigorous Quality Assurance Process Fundamental to our success is an uncompromising focus on quality. We adhere to a rigorous quality assurance process that is proactive,and is aimed at identifying and addressing quality problems before they become crises. Our methodology is focused on problem prevention,through early detection and problem avoidance.All work performed on this project will be performed in accordance with our proven methodology and performed by a team of skilled,experienced consultants. Our approach to quality assurance is founded in the concept of continuous quality improvement advanced by W.Edwards Deming and others. In preparing detailed project work plans,we will define the outcomes expected,identify-the tasks that need to be performed and the processes that we-will follow to monitor progress,and measure whether quality standards are being met. We have gained extensive experience in quality assurance and risk management through our work on thousands of projects. Our approach involves establishing controls to manage work efforts,quality,risk, and performance against schedule, budget,and project goals. ■ Quality Control: The project quality plan is the primary means for ensuring delivery of high quality work products within committed resources, schedule, and budget. In the quality plan we PAGE 16 PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS S690 MANDATE REIMBURSEMENT SERVICES PROPOSAL MAMMUS define the contents of each deliverable and how it will be structured. We will work closely with the County to finalize a quality plan,which we will maintain throughout the project's duration. ■ Change Control: We will utilize our project change control procedures to manage requests for work.A Project Change Request(PCR)Form will be issued when MAXIMUS and the City mutually agree upon work to be accomplished outside the scope of the contract. ■ Risk Management: We understand both risk avoidance and mitigation. A well-defined and executable risk management plan provides critical guidelines and procedures for addressing potential risks that may negatively affect the outcomes of a project. We require development and implementation of a risk management plan for all our projects. Our rigorous quality assurance and quality control process ensures that the project is properly managed and staffed,remains on schedule,and is completed with a focus and dedication to quality deliverables, facilitating the City's ability to achieve the cost savings and improved service delivery.The table below details the four levels of review we will employ to ensure that quality standards and accuracy are met. Level floe Level Two LeveEThree Level row Quatityr~artrot x2ttality ContrallAasuranee ? rauatil + surartae' @u2lityAssgtan O'rc+leetStefO ll'ralectLeaskrshtpl tSeemeaUDiv[stanrtgTeam) {conraratectgTeaznl Our Approach is Tailored to Meet Your Unique Needs Over the years,MAXIMUS has developed proven methods to manage complex projects like the City's SB90 claiming initiative. We rely on the creativity and innovative abilities of our team to tailor these approaches and methods to the unique requirements the City will have. We also refine our approach based on best practices learned on prior projects. We develop rigorous project work plans and schedules,and we apply industry standard project management,risk management,and quality assurance methods. We offer the high level of expertise and deep understanding of all governmental structures. We have a track record of success in many cities, counties, schools and states. We are proposing a team of professionals who have provided innovative project management services to many cities, counties, schools and states,who know what is expected of them, and the importance of this project to City. Our Project Team includes program,technical, operations improvement, and fmance/budget experts. The capabilities of our staff ensure a successful outcome for the tasks that will be worked under this project. We Work as Partners with the City of Palm Springs We believe that a collaborative work environment is a key ingredient for success.As such,we work cooperatively with all individuals to ensure that all perspectives and issues are addressed,mutual agreement reached,and successful programs implemented.Establishing an environment that fosters collaboration among project participants is a critical success factor.Information sharing, collaboration, and joint problem solving is a cornerstone of our approach to this effort. PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS PAGE 17 SB90 MANDATE REIMBURSEMENT SERVICES PROPOSAL AQxMus One of our strengths is our staff members' ability to develop effective partnerships with our clients. We understand that we are your consultants and that you are in control of the programs. We will consult with you on what we believe is the most effective strategy to meet your goals and objectives.Many of our staff members are former city,county, schools or state employees.Thus,we know and understand how public agencies operate and how decisions are made. We will work as your partner so that together we can design projects to best fit with how the City and best meets the City's goals and objectives. B.2 METHODOLOGY AND APPROACH FOR PERFORMANCE MAXIMUS is committed to providing our clients with the most up-to-date state mandate information available.No firm has greater experience with state mandates than MAXIMUS. _ MAXIMUS is uniquely well qualified to serve the City of Pahn Springs. We offer the City our experience and the resources and stability of a large national firm,along with a dedicated California practice specializing in the full range of state mandated reimbursement and directly related services. We have very experienced mandate consultants located in Rancho Cordova and Irvine to help serve our clients' needs statewide.MAXIMUS also has other California offices providing a host of related government services. This combination guarantees the City will receive the highest level of consulting expertise and support possible. Our consultants understand state mandates processes and procedures. The description of our methodology and approach is not a vague set of promises such as other vendors may provide you. They are a description of the processes and procedures that have been successfully and effectively deployed for the past 25 years. 13.2.a Reimbursement Claims — Annual, New, Amended/Late MAXIMUS has been preparing reimbursement claims since 1982 for counties and other local government agencies.During that period,MAXIMUS and the staff assigned to this project have completed thousands of claims for over 500 jurisdictions,ranging in size from the urban counties of Santa Clara,Alameda, Riverside, Sacramento,and Orange to small rural counties like Inyo and Mono. City clients include two of the three cities over 500,000(Los Angeles and San Jose)and numerous small cities with populations under 10,000.Additionally,MAXIMUS has prepared mandated reimbursement claims for two of the four largest school districts(Los Angeles Unified School District and the Fresno City Unified School District), and more than a hundred other school districts.No firm has had as much experience as we have in preparing the number of different types of claims for which the State Controller has issued claiming instructions. Our Mandated Reimbursement Practice has served over 300 cities and special districts,a majority of California's 58 counties,and 300 school districts. We understand our clients' operations and we use best practices developed over 28 years of practical experience. This level of experience enables us to navigate the claiming process while addressing the specific needs of our clients. I"y Select MAXIMUS as your SB90 Mandated Reimbursement Consultant To ensure the most comprehensive services are provided to the City of Palm Springs, all of the key tasks below will be completed for each claiming opportunity or claiming cycle: ✓ The MAXIMUS project team has already established a schedule of plan and work for all the programs and annual claims to be filed. We are available to meet with each claiming department along with the representatives and other individuals at least 120 days in advance of the filing dates and discuss and finalize the proposed work plan. We are able to make available the schedule to the departments and SB90 Coordinator no later than two weeks after the project start date. PAGE 18 PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS S690 MANDATE REIMBURSEMENT SERVICES PROPOSAL n��AX Y vi,`� !YJ US ✓ We will provide data collection instruments and assistance to the City to prepare newly eligible claims, as mutually agreed upon,that are approved,by the CSM during the contract period. Initial data collection instruments will be made to all departments and the SB90 Coordinator on the effective start date of the project during the initial on-site visit. ✓ The Project Team will maintain close communications with and provide status reports to the City's SB90 Coordinator to ensure timely responsiveness and corrective action for all aspects of the SB90 claiming process.The MAXIMUS Project Manager will provide weekly progress reports to the SB90 Coordinator throughout the project. ✓ We will prepare all the support documents such as the Indirect Cost Recovery Proposals for each department and obtain approval from departments and the SB90 coordinator by September 30, 2011. ✓ We will identify all new claims and mandates under consideration of the Government and keep the departments adequately informed throughout the contract term. ✓ We will perform vigorous quality assurance program of all the claims prepared and submitted as prescribed by the City and as documented in the MAXIMUS SB90 Procedures and Quality Assurance Manual revised for the FY 11/12 claiming season. ✓ MAXIMUS will collect,document,prepare,and file all fiscal year 2010-11 draft cost claims based on SB90 claims recognized by the State Controller as of June 1, 2011, for which the City provides us all documentation needed to prepare draft claims at least sixty(60)days prior to the due date for the claim. We will make our best efforts to complete claims should the client supply us documentation less than sixty(60)days prior to the due date of the draft claims. ✓ We will provide the completed and finalized claims to department heads and the SB90 Coordinator for review and approval at least three(3)weeks prior to the due dates. ✓ All claims will be prepared in compliance with the claiming instructions issued during fiscal year 2011-2012. ✓ We will maintain continued communication and provide regular project status information to the designated mandated reimbursement program coordinator throughout the contract period. ✓ We will monitor the City's state mandated reimbursement and payment process. ✓ We will serve as a liaison with the State Controller's Office and CSM to respond to cost estimate requests and questions related to the City's mandated reimbursement programs or claims. We will assist the City with desk reviews and/or field audits for claims that were prepared and submitted by MAXIMUS. If requested,we will provide general advice on any state mandated reimbursement program issues that may arise during the term of the contract. B.2.b Key Project Tasks B.2.b.1 Planning, Scheduling, & Communications For the fiscal year,completion of a project plan and schedule, as well as developing various means of communicating between the City of Palm Springs's SB90 staff,departmental fiscal officers,and department wog Aram staff.This includes periodic Project status-reports.that will-be-preparedby-the-Project - Director and submitted to the SB90 Coordinator. We will work jointly with your departments to develop specific plans during the year to ensure MAXIMUS has a solid foundation for the roles and responsibilities and expectations of all parties. Communication is to be maintained regularly with the SB90 coordinator and departmental staff. Our staff is available and accessible to answer questions promptly. We recommend at the project outset that the Project Team meet with all project stakeholders and the SB90 Coordinator to agree on the proposed work plan, discuss project timing, and agree on PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS PAGE 19 SB90 MANDATE REIMBURSEMENT SERVICES PROPOSAL ] AXIMUS deliverable dates. MAXIMUS will sign-off on these dates so that the project stays on task and is completed to the satisfaction of the City. 6.2.b.2 Conduct On-Site Workshops & Department Interviews For each claiming cycle,our staff will conduct a series of on-site department interviews with knowledgeable program staff to identify how the City of Palm Springs is carrying out each mandated program or service.Our training programs will include an explanation of the data requirements and the format expected that will be prepared by your staff,how to prepare SB90 claims and indirect cost rate proposals,records retention and audit,private and confidential information and the proper safeguards needed to protect this information,and other Mandated Reimbursement training that may be necessary with regard to understanding SB90 mandates and the reimbursement process.During these training visits, we will provide departments with a checklist of data elements needed for each mandated claim to be filed. We will also gather the necessary financial or statistical documentation to support each claim as it may be available.For most multi-department claims,we can conduct special workshops for the City staff to provide them with information and to coordinate the work between the departments.Data Collection worksheets applicable to each claim will be provided to department heads with a complete set also provided to the SB90 Coordinator in electronic format. B.2.b.3 Collect All Financial & Salary Data An early step in each cycle will be to collect all the financial data required to complete all claims, including salary and benefit data, expenditure reports,cost allocation reports,and other budgetary data. Financial data to be collected will be the actual final year end data, initially for the 2010-2011 fiscal year and each succeeding fiscal period of the contract.This will include documents such as your general ledger,payroll reports,hour's reports,etc.at the fund,function and sub-object line item level.The salary data collected will need to reflect actual year-to-date gross salaries and wages for each employee to be included in any mandated reimbursement claim. Supporting many of the mandated claims will also require time studies to support the effort expended on mandated reimbursement activities.The MAXIMUS project team will assist with the development and completion of these necessary supporting documents through the use of custom data collection sheets applicable to each individual claims reporting requirements. B.2.b.4 Follow-up Data Collection Activities Each consultant proposed for this engagement will have a specific set of mandates assigned to them. The consultant assigned to the project will work with the SB90 Coordinator to schedule a kick-off meeting with each department involved in tracking time or gathering data for that mandate. This meeting will consist of training on the mandate requirements,reviewing last year's claims,discussing new(or already established)contemporaneous tracking systems, including,time studies, or daily logs.The time line will be agreed upon by each department during the data collection meeting to facilitate buy-in from that department for delivery dates, which have been selected for their particular claiming program. In most cases,to gather all the necessary data,it will require a series of follow-up calls and/or visits and emails to affected department staff. If timelines are not met by department staff, immediate follow-up commences and the City's SB90 coordinator will be kept apprised. This process enables MAXIMUS to __ _. �-rIe alI claims timely.Any delays that may be caused by the City or MAXIMiJS staff will be elevated in writing to the City's SB90 Coordinator. Data Analysis Each MAXBW S consultant will compile the reports and contemporaneous documents required to file the mandates to which they are assigned and monitor the activities of the departments assigned to their mandates. The data will then be reviewed by the consultant for completeness, integrity, and validity. The consultant will also compare the data with the information gathered during the department meetings and PAGE 20 PROPOSAL TO CONDUCT FILING OF SB90 CLAMS SB90 MANDATE REIMBURSEMENT SERVICES PROPOSAL JW MAMMUS interviews to ensure the claim accurately represents the City of Palm Springs's true costs.During this time,any questions related to the data submitted will be addressed with the claiming department.All data prepared will be reviewed initially by the Project Manager,Project Director and Quality Assurance Officer assigned to this engagement. Once quality reviews of the claims are completed,the Project Manger will present the claims and supporting data to the City for your review and ultimate approval. 13.2.b.5 Prepare A-87 Indirect Cost Rate Proposals An Indirect Cost Rate Proposal(ICRP)is to be prepared for each claiming department when applicable to capture the overhead costs allowable and claimable,thereby attaining the true full costs applicable to each claim reimbursement. All ICRPs will be sent to the department for review and approval prior to September 30,2011 to ensure the rate is mutually agreed-upon. 13.2.b.6 Prepare and File Annual, New, and Amended/Late Claims Once MAXIMUS obtains the data necessary to prepare a claim, our team develops a draft claim for review by the City of Palm Springs at least 60 days prior to each claims due date. In preparing the claims, we continually update the SB90 Coordinator on any problems or issues we identified and develop solutions to resolve the issues, such as questionable documentation, or estimated staff time that appears to be either over-or under-stated. We will enter any contemporaneous data into a spreadsheet summarizing costs,or directly enter the information on the State's claim forms.The consultant will enter the claim statistics, offsets,or other information required by the State.The consultant will also compile and copy all necessary supporting data for the claim. The claim will then be printed and checked by the consultant and compared against the prior year's claims for continuity, integrity,mathematical correctness,and validity. The claim will then be reviewed by another team member for technical accuracy and quality assurance. Once the claim has been reviewed internally,the claim will be sent to the claiming department for their approval prior to being sent to the City for final review and signature before submission to the State Controller. B.2.b.7 Management Reports, Recommendations & Claiming Cycle Close-out After claims are filed with the State,MAXIMUS will provide oral and written reports to update the City on the results of each claiming effort. We will also organize and file all materials to make sure all necessary work papers will be available in the event of a State audit. 13.2.b.8 Monitor Payment Status MAXIMUS continuously monitors and communicates the status of claim payments due and paid to the City of Palm Springs. Our office receives reports on claims paid by the SCO. These reports can be provided to the City as another quality assurance measure on claims that were paid. Responding to ICRP OMB A-87(2CFR Chapter 2) In the event the State Controller should challenge the methodology used to calculate an Indirect Cost Rate Proposal, MAXIMUS has a team of experts that will not only be assigned to the proposed project team but will also be on-call to defend the City of Palm.Springs.MAXIMUS is recognized nationally as the leader in governmental indirect cost consulting. When the State Controller originally developed the A-87 __—Indirect Cost Rate Proposal aCRP)formatm&requirements,our firm wasthe only company Asked to assist in the process.It is critical that the City have a partner that possesses the expertise and knowledge necessary to prepare accurate and defensible ICRPs. In MAXWUS,you have such a partner. An ICRP will be prepared for each claiming department to capture the overhead costs,thereby maximizing each claim reimbursement.All ICRPs will be sent to the department for review and approval to ensure the rate is mutually agreed-upon. PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS PAGE 21 AtSB90 MANDATE REIMBURSEMENT SERVICES PROPOSAL IVA)UMus B.2.b.9 Audit and Desk Reviews MAXIMUS has always offered to assist its clients in the review of and response to any field audit or desk review by the SCO relating to any mandate reimbursement claims it has prepared. Because MAXIMUS works with all types of local government,and has filed claims on local government client's behalf for longer than any other firm, it has the greatest experience possible in providing both desk review and audit assistance and building its clients case with the State Controller.In fact,we have been requested on occasion to assist the State Controller in understanding how to interpret both direct and indirect costs that it reviews.Our history with the State Controller goes back before the State Mandated Cost program was established and we have maintained a close working relationship with that office for over 25 years. Our desk review experience includes all aspects of this process,which includes answering requests over the telephone,providing additional data to satisfy the Controller's concerns,to holding face-to-face meetings with the Controller's staff. With only a few exceptions,out of thousands of claims,any Controller reductions or disallowances have been settled to our clients' satisfaction. B.2.b.10 Incorrect Reduction Claim (IRC) Challenges MAXIMUS has prepared over 160 incorrect reduction claims at its clients'request.Many that we believe will result in additional funding are pending resolution by the Commission on State Mandates. Generally speaking,there are two types of issues that cause a claimant to file an incorrect reduction claim.One involves a dispute with the State Controller over a legal interpretation of the costs that are eligible for reimbursement according to the claiming instructions of the CSM parameters and guidelines. The latter involves accounting or cost accounting issues that are unique to the claimant.Some claims may contain both types of issues. If the claim involves an interpretation of an eligible cost component or activity, it usually requires a member of our legal team to provide assistance. If the issue is over the methodology used in a time study or some other methodology or the type of documentation provided, it may be better handled by one of our audit specialists or team advisor. In all cases,the person that prepared the claim,the project management team, and one or more representatives from the City will need to assist in the process. To date, MAXIMUS has been successful in getting most, if not all of the funds at issue, which the client believes it is entitled to receive and has adequate supporting documentation. B.2.b.11 Test Claims In the event the City of Palm Springs should desire to pursue the funding of an unfunded state mandated local program; MAXIMUS is available to advise your Counsel in the preparation and filing of the claim. If the City would like MAXIMUS staff to prepare a test claim, it will provide the City with an estimate of the cost to complete it. MAXIMUS has been the leading firm, and essentially the only firm,filing test claims for cities, counties, and special districts. MAXIMUS staff has filed over 25 test claims and assisted with over 65 others,which were prepared by local government agencies that requested our assistance in getting through the process. The MAXIMUS legal staff assists clients in filing test claims,provides a legal interpretation of the law, and assists in desk reviews and field audits.Ms.Juliana Gmur, our full-time staff attorney dedicated to our State Mandated Reimbursement Practice, is involved with the majority of local government test claims brought before the Commission on State Mandates.In addition,she participates in the preparation or review of Parameters and Guidelines,which are the basis of the State Controller's claiming instructions. Ms. Grain's primary role is to assist and/or file test claims on behalf of local agencies. She has also assisted the joint California State Association of Counties and League of California Cities Advisory Committee on State Mandates in the preparation of test claims. PAGE 22 PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS Z- S690 MANDATE REIMBURSEMENT SERVICES PROPOSAL MAMMus B.2.c Statewide Relationships & State Liaison MAXAWS is prepared to assist the City of Palm Springs in all communications with the state.We maintain active, strong relationships with a variety of State agencies and local government associations including the SCO, CSM,DOF,League of California Cities(LCC),and CSAC. These state and local representatives contact MAXIMUS staff when there is a need for assistance in the State mandate area. This unparalleled relationship with State experts provides us with a better understanding of the programs and eligible activities to be claimed for reimbursement,enhancing our ability to increase revenue recovery for our clients.This is another area where we provide a service that is quite beneficial to the City. B.2.d Our Proposed MAXIMUS Team The breadth and depth of our project team provides the City of Palm Springs with the most qualified and experienced consultants available to ensure the accuracy,completeness,and timeliness of all work. Not only are our experienced consultants well versed in the claiming requirements, but they also possess unique insights and updated program knowledge enabling them to better provide technical assistance,advice,and improvement suggestions to optimize the benefits of the program. Critical to the success of any mandated claiming process is a dedicated team of seasoned professionals with the right experience and the best approach to achieve the desired benefits and results—people who do not have to engage in experimentation and who have worked together on similar projects to achieve sustainable results.MAXIMUS is committed to providing experienced,qualified staff to ensure the success of this project.Our team has extensive state mandated reimbursement experience, including data collection methods,training and technical assistance,process improvement,claiming preparation and filing,and quality assurance processes. MAXIMUS has developed a project-staffing plan from our Mandated Reimbursement Consulting Practice and offers the City our top consultants.Our plan recognizes the importance of using only very experienced consultants to ensure the accuracy,completeness,appropriateness,and timeliness of our work.MAXIMUS recognizes that to minimize the risk of possible disallowances,it is important that we stand behind the work we have completed. Below are highlights of the proposed team: ■ Includes top managers from our firm that have significant experience with the development and operation of state mandated reimbursement recovery. Is Senior Consultants with an average of 10 years of relevant mandated claims experience. ■ Full-time employees dedicated to state mandated reimbursement claiming, ■ Key personnel all with direct experience working with the State Controller's Office. ■ Ongoing technical support from data management and processing specialists,who have extensive experience with supporting projects of similar size and scope. ■ Our Chief SB90 Legal Counsel to assist your agency with legal interpretations or support that may be needed,including during desk reviews,field audits, or possible incorrect reduction claim actions. We understand that critical to the success of any mandate claiming process is a dedicated team of seasonedpro&ssionals with the right experience and the best approach to achieve the desired-benefits and-- results—people who do not have to engage in experimentation and who have worked together on similar projects to achieve sustainable results. We are offering the City an unmatched team of mandated reimbursement experts. B.2.d.1 ROLES AND RESPONSIBILITIES The key to the success of a SB90 claiming project is to have clearly defined roles and responsibilities for project team members. We will provide the City of Pahn Springs with a highly qualified core engagement PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS PAGE 23 aL SB90 MANDATE REIMBURSEMENT SERVICES PROPOSAL MAX US team and will supplement them from a deep bench of staff that can work on the project on an as needed basis. We are confident that our SB90 staff has the qualifications and experiences necessary to prepare high quality claims on behalf of the City.Exhibit 3: City of Palm Springs State Mandated Reimbursement Project Organization Chart, below, depicts the structure we propose for this engagement. PROJECT MANAGEMENT .-Pk0A5Q=T MANAGER I La Ao COMAtt-rAt T CLAIMINIS ASSISTASSUMAIM LttaoNst € Nts Exhibit 3:City of Palm Springs State Mandated Reimbursement Project Organization Chart. Ourprojectteam is organized under the direction of the Project Director and an experienced Project Manager. The following describes the roles and responsibilities of the project team that we propose to use to ensure that we provide high quality services to you. Project Director, We will assign a senior-level executive who will provide oversight and leadership to all project staff and has authority to engage corporate resources.The Project Director will be responsible - -Toi ansurmg th�a all-SfaTe-4Ian3atedAeimbursement requirements and MAXIMUS quality standards are met or exceeded. Project Manager:We will assign an individual experienced in project management and developing and preparing a wide variety of SB90 claims.All of our project managers possess exceptional leadership, organizational and analytical skills,and skills in a variety of practice areas. The Project Manager will provide leadership to the project and will be the primary point of contact for the City staff and he or she PAGE 24 PROPOSAL TO CONDUCT FILING OF S890 CLAIMS SB90 MANDATE REIMBURSEMENT SERVICES PROPOSAL : w!Y)1'll�lMU�� i Te will have day-to-day responsibility for project work, provide oversight of all deliverables and work products,and ensure that the SB90 claims are completed on time and meet all quality standards. Claiming Assistance:We will assign as needed senior-level consultants with experience working on a variety of SB90 claims. The Claiming Analysts will help with the day-today project work and will complete tasks with direction from Project Managers or Senior Analysts. Legal Staff.'Juliana Gmur,our dedicated attorney, will assist the project team in reviewing any legal claiming interpretation issues and, if necessary, defending the claims during desk reviews or field audits. Ms. Gmur is the Chief Legal Counsel for our Mandated Reimbursement Consulting Practice. She has 18 years of legal experience,with the last nine years specializing in state mandates. We have a deep bench of highly qualified consultants to staff our project team. Full resumes that show our SB90 staff qualifications and experience are provided as an Appendix to this proposal. PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS PAGE 25 SB90 MANDATE REIMBURSEMENT SERVICES PROPOSAL w MAMMUS C. PROFESSIONAL FEES MAMMUS provides the most comprehensive SB90 service at a very competitive price.Given our resources and our consultant expertise,what we offer makes MAXIMUS the best value for your investment This section outlines our fee structure and method of payment offered to the City of Palm Springs. CA FIXED FEE We propose to prepare and file the eligible fiscal year 2010-11 (contract year 2011-12)actual cost reimbursement claims for$5,500, less a fee reduction of$2,148.90,for a total of$3,351.10. For fiscal year 2011-12(contract year 2012-13),we propose to prepare and file actual cost reimbursement claims for$5,600, less a fee reduction of$2,148.90, for a total of$3,451.10. The total final fee for these two years is$6,802.20. C.2. METHOD OF PAYMENT We propose the total fee to be invoiced in three installments,as follows: ■ Forty percent(40%)in September; ■ Forty percent(40%)in December; and ■ Twenty percent(20%)in May within the fiscal year of work performed. C.3 OFFEROR'S STANDARD CONTRACT On the following pages,we have included our standard contract for state mandated reimbursement services that we sign with many of our clients. We offer this contract for your review and we can mutually agree on what terms and conditions will be included in the contract that will be executed pursuant to this agreement. PROPOSAL TO CONDUCT FILING OF SB90 CLAIMS PAGE 27 SB90 Mandate Reimbursement Schedule City of Palm Springs FY 2010-11 SB90 Claims July—MAXIMUS Review Status of State Budget as applied to SB90 Mandate Reimbursement if available. Review and Update all Data Collection items. August—Schedule on site SB90 consultation with City of Palm Springs. September—Submit Data Collection Forms to city of Palm Springs, Conduct on Site SB90 consultation with city of Palm Springs departments. • Finance • Police • City Clerk • Human Resources • Risk Management • Parks and Recreation October—Data to be sent by City of Palm Springs to MAXIMUS for processing. November—City of Palm Springs Data to be reviewed and processed by MAXIMUS. December—SB90 Claims to be prepared by MAXIMUS. January—SB90 Claims to be reviewed-MAXIMUS quality Assurance process. Completed SB90 Claims submitted to City of Palm Springs for Review and Signature. February—Reviewed and Signed SB90 Claims to be returned to MAXIMUS to be submitted to the State Controllers Office—Deadline February 15, 2012. - City of Palm Springs will receive a copy of each claim prepared for their records. March—Processed State Controller's Office Claim Receipts submitted to City of Palm Springs. April—Possible on site visit(as needed). May—Governor release of Revised Budget. Staff analysis will be provided to City. June- FY 2011-2012(sB90 Claims) The Fiscal Year 2011-12 schedule will closely follow the Fiscal Year 2010-11 claiming schedule. EXHIBIT "B" INSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 13 Revwd:6/16/10 781247.1 INSURANCE 1. Procurement and Maintenance of Insurance. Consultant shall procure and maintain public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall procure and maintain all insurance at its sole cost and expense, in a form and content satisfactory to the City, and submit concurrently with its execution of this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extensions. Such insurance shall not be cancelable without thirty (30) days advance written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. 2. Minimum Scope of Insurance. The minimum amount of insurance required under this Agreement shall be as follows: 1. Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence and two million dollars ($2,000,000) general aggregate; 2. ($1,000,000.00)per,.,.,,......enee. * Waived. annual3. Professional liability (eFFer-s and emissions) iasiifanee N44th limits of at aggregate : *Waived required X_is not required; 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars $1 million per occurrence. If Consultant has no employees, Consultant shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form. 3. Primary Insurance. For any claims related to this Agreement, Consultant's insurance coverage shall be primary with respect to the City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and 14 Revised:6/16/10 781247.1 contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. 4. Errors and Omissions Coverage. If n.Fer ° Omissions rust.,., ee : required, ..-t—ant preN44es elaims made professional liability insufmee, Gensuftafft shall Rise Agreement, or (2) to maintain prefessional liability A4� the same eefffi*eF i the amount required by tWs Agreement for at least dffee years „f+e.- e «leaien of Ce..stdtaiiit'. ..services unclye tMs A gree....e..t /'........lt.,..t sh-al1 ..1.... be re.raked to pfeyide eN4 enee to City of the p...el...e of the quired tail insuffafflee 8F ...'.: .on of the o f ...ion 1 liability el:,.. *Waived. 5. Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless otherwise acceptable to the City. 6. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this Agreement. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability Endorsement Form for the City of Palm Springs or(2) an acceptable Certificate of Liability Insurance Coverage with an approved Additional Insured Endorsement with the following endorsements stated on the certificate: 1. "The City of Palm Springs, its officials, employees, and agents are named as an additional insured... " ("as respects City of Palm Springs Contract No. or 'for any and all workperformed with the City"may be included in this statement). 2. "This insurance is primary and non-contributory over any insurance or self- insurance the City may have..." ("as respects City of Palm Springs Contract No. or 'for any and all work performed with the City" may be included in this statement). 3. "Should any of the above described policies be canceled before the expiration date thereof, the issuing company will mail 30 days written notice to the Certificate Holder named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representative" is not acceptable and must be crossed out. 15 Revised:6116/10 781247.1 4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees, agents, and volunteers. In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the policies. All certificates of insurance and endorsements are to be received and approved by the City before work commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the commencement of work shall not waive the Consultant's obligation to provide them. 7. Deductibles and Self-Insured Retentions. Any de,a„efibles or self iasii_ed Cityprior- to ee o ffi.e«,, employees, agents and yel..,.teers; or- (2) Consultant shall .. bond guaf....t„e;.... vuawio, ....aY.vy..w, agents, , praeurv pa)ment of losses euid related kwestigations, elaim administEation, and defense expenses. retentions. *Waived 8. Severability of Interests (Separation of Insureds). This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 16 Revised:6/16110 781247.1 CONSULTING SERVICES AGREEMENT With Maximus,Inc. for Comprehensive State Mandate Cost Reimbursement(SB 90) Services THIS AG%EEMENT FOR CONSULTING SERVICES (the "Agreement") is made and entered into this day of April,2009,by and between the City of Palm Springs, a California charter city and municipal corporation ("City"), and MAXIMUS Consulting Services Inc,, a wholly owned subsidiary of MA)vIUS, Inc. ("Consultaut"). RECITALS A. City requires the services of a professional consultant to provide Comprehensive i State Mandate Cost Reimbursement (SB 90) Services ("Project"). Iff B. Consultant has submitted to City a proposal to provide Comprebensive State Mandate Cost Reimbursement(SB 90) services to City pursuant to the terms of this Agreement. C. Based on its experience, education, training, and reputation, Consultant is qualified to provide the necessary services to City for the Project and desires to provide such services. D. City desires to retain the services of Consultant for the Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the City as follows: AGREEMENT I. CONSULTANT SERVICES 1.1 Seo a of Scrviices. In compliance with all terms and conditions of this Agreement, Consultant shall provide Comprehensive State Mandate Cost Reimbursement (SB 90) Services as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services" or "work"), which includes the agreed upon scbedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the teams set forth in the main body of this Agreement,the terms set forth in the main body of this Agreement shall govem. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state, or local governmental agency of competent jurisdiction- 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this,Agreement. t Raviscd:2109107 507639.2 I E L4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties, and restrictions attending performance of the work under this Agreement- 2. TIME FOR COMPLETION. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A". Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. For the services rendered pursuant to this Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of fees set forth in Exhibit"A,"which total amount shall not exceed$ 10.900.00. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall no later than the fast working day of such month, submit to City in the form approved by City's Controller, an invoice for services rendered prior to the date of the invoice. Payments shall be based on the hourly rates as set forth in Exhibit "A" for authorized f services performed- City shall pay Consultant for all expenses stated thereon, which are approved by City consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/VJork is requested by City, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees. An amendment maybe entered into: A. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents,other work product, or work; B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession- 3.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the City Council of City for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 2 Revered:2102107 5076392 _. ---- ----------- 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit"A". The extension of any time period must be approved in writing by the Contract Officer, 43 Force 14laieure- The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Consultant shall within ten(10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the ( Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 8.5 of this Agreement,this Agreement shall continue in full force and effect commencing upon execution of this agreement for a period of no less than two (2) years, unless extended by mutual written agreement of the parties. S. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the services and work specified herein and make all decisions in connection therewith: Ferlya Juno, Project Director. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.7 Contract Officer. The Contract Officer shall be the City Manager, or his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition AlZainst Subcontracting or Assignment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform in whole or in part the services required Hereunder without the express written approval of City. In addition, neither this Agreement nor any interest Herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 3 Revised:2109107 5076392 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner E represent that it or any of its agents or employees are agents or employees of City. 5.5 Personnel. Consultant agrees to assign the following individuals to perform the services set forth herein. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contract Officer. Acting through the City Manager, the City shall have the unrestricted tight to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name: Title: Fedyn Junio Project Director/Vice President Frank Mirkow Contracts Director i Juliana Gmur Legal Counsel Allan Burdick Executive Director 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit`B", which is attached hereto and is incorporated herein by reference. 7. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the"Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and reasonable attorney fees (collectively"Claims"), including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from the negligence or willful misconduct of Consultant. In no event shall Consultant be liable for indirect, special, incidental, economic, consequential or punitive damages, including but not limited to lost revenue, lost profits, replacement goods, loss of technology rights or services, loss of data, or interruption or loss of use of software or any portion thereof regardless of the legal theory under which such damages are sought even if Consultant has been advised of the likelihood of such damages, and notwithstanding any failure of essential purpose of any limited remedy. City agrees that Consultant's total liability to City for any and all damages whatsoever arising out of or in any way related to this Agreement from any cause, including but not limited to contract liability or Consultant's negligence, errors, 4 Revised:2109I07 507639.2 I omissions, strict liability, breach of contract or breach of warranty shall not, in the aggregate, exceed ten times the value of the contract- S. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such: reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 8.2 Records. Consultant shall ]seep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts From such records. 8.3 Ovmershio of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant m the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents,papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement and shall make such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies thereof shall be promptly famished to City upon request. 9. ENT ORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action_ 9.2 Waiver. No delay or omission in the exercise of any right or remedy of a nozi- defaulting party on any default shall impair such night or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to 5 Revised:=9107 507639.2 or approval of any subsequent act of Consultant ,Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 9.3 Rights and Remedies are Cumulative, Except with respect to rights and 6 remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.4 Leaal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.5 Termination Prior to Expiration of Terre. City reserves the right to terminate ;rate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, except that where termination is due to the fault of Consultant and constitutes an immediate danger to health, safety, and general welfare,the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer_ Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Consultant may terminate this Agreement, with or without cause, upon dirty (30) days written notice to City. 10. CITY OFFICERS.AND EMPLOYEES: NON-DISCRIMINATION 10.1 Non-Liability of Citv Officers and Employees- No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its ]heirs, executors, assigns, and all persons claiming under or through there, that there shall be no discrimination or segregation is the performance of or in connection with this Agreement regarding any person or group of,persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation,national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated seventy-two(72)hours from the time of mailiug if mailed as provided in this Section. g Revised:V09107 5076392 To City: City of Pahn Springs Attention: City Manager 3200 B_ Tahquitz Canyon Way Palm Springs, California 92262 City of Palm Springs Attention: City Clerk 3200 B. Tahquitz Canyon Way Palm Springs,California 92262 To Consultant: Ferlyn B. Juno—Project Director Maximus, Inc. 3I30 Kilgore Road Suite 400 Rancho Cordova, CA 95670 11.2 Tnteerated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 11.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11.4 Severrab' . In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement,which shall be interpreted to carry out the intent of the parties hereunder. 11.5 Author! . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this . Agreement. 507639.2 7 Revised:2109107 IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: ��'�U'� 1 B d.� David H. Ready City Manager 9 NOT TO EXCEED $ 001 Initialed:— APPROVE TO FORM: ATTEST By. By. - Dou as C. Holland, ies Thompson, City Attomey ity Clerk S - � "CONSULTANT" Maximus,lu I Date: /x, Frank '"how, Contracts Director APPROVED BY CITY MANAGER g Revised:909107 507639.2 i yfI f CALIFORNIA ALL. PURPOSIE ACKN@WLLUGMENT i State of.Cag*mlr- u 1 R I n rrf Countyof((� FFrrI',aX • On 4 13/cq before ma, rf:Fl)Nlc AVI I(1 KUv�, Con it iAr•F° 17ipIF=c 7-n/lam oio-... na�n+n uul me ana 5rcumuw alixr personally appeared f-n,9 W IC ,r2 {�✓ _ ._. namele)oi�gnafH who proved to me on the basis of sari facro y evidence to be rho person(s)whose names)Ware subscrUxK1 to the within instrument and acknowledged to me that he/shafthey executed the same in hjsdheryfheir authorized PAL TRiL,r ,, n capacity(ies),and that by fdsOwItheirsfgnaiure(s)on tho Notary Public instrument the pown(s), or the entity upon ttehaff of COrmltonwialth of Virginia which the person(s)acted,executed the inslrurnent 71IM77 I certify under PENALTY OF PF.FJLIRY under the laws i of the State of California that the foregoing paragraph Is true and correct WITNESS my hand and official!seat. Signature—_/L", 4 PIUD talary Bmt�m 3k}�Wm o�WN I w�'c CA77DlVAL Ttmgph tha fnfprmatlorr belo:v is nor mgtdmdbyfax;It M2yprovr,va409t4i,to parsons feov on rlrcr dMUMehf and rovktprnvanffmvdufFant1am M and mumahmentof fha form to mvlherdocs mt Description of Attached Document Tide or'f}po of Document: Document Date! Numbar of Pages Slgner(s)Other Than Named Above: Capacity(lers)Claimed by Signer(s) . Signars Name: Slgnera Name: ❑ Indtvidual ❑Individual © Corporate Otecer--Tino(s): ❑Corporate OKicer—Title(s): ❑ Partner—❑Limited ❑General __ ❑Partner—❑Limited []General ❑ Attorney.in Fact 0 Attorney IN Fact ❑ Tmstee Sop of Mu=note 11 Trustee top of ihurnb himB ❑ Guardian or OonaBrvator ❑Guardan or Conservator ❑ Other. ❑pUter: Signer Is Representing; Signer Is Aepresenfmg: O,�mf�I�INWry MSMetlon•9S�DD•Saa�Pil am2ao:'•Getmvtni Ck BiDlAblre•ucxacnMwuHvaeryp Wm�aO•r neaWr:G�7dl{ns i410P[176•B0"3 $p7G39.R 9 Revi:ed:2109107 ��P�JlCllfAA LS FISLPING GOVEjWMENT SERVE THE PEOPLE' CERTIFICATE OF CORPORATE SECRETARY The undersigned Secretary ofMA7OMUS Consulting Services, Inc (the "Corporation")hereby certifies that Frank I. Mirkow, Director of Contracts, has been authorized by the Board of Directors of the Corporation to sign customer proposals and contracts for consulting and financial services on behalf of the Corporation in accordance with internal procedures adopted by the Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation, this 21 st day of April 2009. L,�/�, David R. FrAidis Secretary 11419 SUNSET HILLS ROAD I RESTON,VIRGINIA 20190 1 703.251,850D 1 703,251.8240 FAX I WWW.MAXIMUS.COM i • E�'HIBIT' "A" CONSULTANT'S SCOPE OF SERVICESIWORK PROPOSAL Inchiding, Schedule of Pees And Schedule of Performance I Attached and incorporated herein 5076592 10 FZ�']sed:2109107 COMPREHENSIVE STAT E MANDATE COST RElbllBURSEM15NT SERVICES FY 2009-2010 1tWIh1U8 is a leading provider of siata mandate cost reimbursement services to cities and counties in Californta.tA'ith over 25 years of experience in providing State Mandate Cost Consulting Services, we believe no other company can match our Years of experience, program I...vdedge and Insights, or our technical assistance In obtaining cast reimbursement for new mandates. MAXIMUS Consulting Services,Inc.(MA-X MUS),a wholly owned subsidiary of MAXIMUS,Inc.,is a leading provider of government consulting services to cities,counties,and school districts.MA.XIMUS provides a comprehensive set of MAXIMUSpreservices,including claiming analysis,operational improvement,training,audit oomprehwsiv idesa support and assistance,revenue enhancementi,technical assistance, and quality comprehensive selaf servkes,incrua7ng: assurance_Unlike many of our competitors,our company's mission and focus is • ciaiavggenalysis primarily an providing consulting services to government Since our inception in Operz!(c.:a! 1975,we have been at the forefront of innovation in meeting our fi m's mission jArtcreaaprent of"Helping Government Serve the People®." � • ,rllU�ina -Audil supw Our history of dedication and commitment to the needs of government sets aad<•isaistarcb MA3i WS apart from our competitors.We take great pride in providing high Re enuc quality mandate cost reimbursement services and unique program insights, epr,a%cemont knowledge,and assistance:to our clients.We have consistently been successful in 7h ice!ass s once providing our clients with services that meet and exceed their expectations. K;aktp asscran 5 We seek to build long-term relationships based on mutual trust and respect, which allows our clients to seek us out for advice and counsel long a8er our work is complete.Although 9AXDTUS is a large corporation,the City of Palm Springs will receive very close,professional attention to your cost reimbursement claiming needs_ 1. WHY MAXIMUS The MAXIMUS State Mandate Cost Reimbursement Consulting practice began in 1981 with the prepamtion of reimbursement claims for local agencies.In 1983, we expanded this practice and began providing statewide technical assistance to local agencies.This long-term history provides our clients benefits and advantages that make MA YBffJS their provider of choice.Below are the key reasons why the City should select MAXIMUS as its state mandate cost reimbursement consultant. 1.1 DEDICATE-D, EXPEPEENCED STATE MANDATE COST REIMBURSEMENT PRACTICE MA7QT?US offers our City clients the resources and stability of a large national firm,along with a dedicated California practice specializing in the full range of state mandate cost reimbursement services_With more than 25 years of proven experience,our state mandate cost reimbursement practice has consulting professionals located in Irvine and Sacramento in order to best serve our clients' mandate reimbursement needs. APPENDIX A PROPRIETARY 11 ' City of Palm Springs We assign an experienced consultant dedicated to your City and provide a f comprehensive set of services meeting the City of Palm Springs's unique needs. We take ,q r t prfdo MAXIMUS consultants are all highly experienced and trained in preparigg and ' in providfnghlgh supporting state mandate cost claims.It is important for the City to know that qualidymaredateeost MAX.CMUS resources and ex crt �7' ise necessary to the mandate cost claiming area txVmbarscmerrt P services and are readily available.The City of Palm Springs can be confident that MAXIMUS providi g Dure Jeni provides unwavering commitment to the program now and in the long-term.This w th un/tuep og am combination guarantees that the City will receive the higbesr level of consulting lnsfphty know/edge, expertise and support possible. andassisfancc, Our consultants understand the unique mandate requirements in any given claiming year,and are kept abreast of the legislative changes,commission outcorMs,and decisions.Our consultants likewise actively advocate on behalf of our clients'for future program reimbursement and funding.As shown in Exhibit 1-1,the comprehensive suite of mandate cost reimbursement services we provide ensures the City of palm Springs will optimize its cost reimbursements, I :,sr rum .CaMMralaN aµ � s Co OLn AxD j �3Gr' STATE MANDATE^- �-iy�a j 070 Cou wiznnon STwe AGEN r — { LAB--�.N C •Yi 'f•-h nr "fie ,;.'+L'Lri�• Osrlee ANDsi-.f � i�a• CraiM AND ^J' _�ii1r� ram. QN-$IrE 'i4i11. MoNnommG t' a -MINING ` QL -;pn> �:e tires', "INir wIw AND RaPCHDNG : 'iI,L"c'p• `4�5n�=`� =rj,2.�a �� 1�`�"f'i�'v r_.^�@._, i� 77Y .. - m`l,K ';1ljiu. NEW OR F7R5T-TIME r yl.Fr..� vii . PROGILgM CWM5 l $uwo¢p ; ..,: .. AlV1VVAl ctAlMst � G[; gad iI•'2 jM S a ifr J ' � r R�'r'"a'H�y %��: iDLrK RLY1LW �_ �K_ ONGOING �{�J �r.+IF +vF.1 `iv =v+Nz AI Amm '2 MR_L En,Liq[s^ '-6 __ _ AsS ANCE .G:✓F 1n.� COMMIINF •�_i��;.,e— Sty' -`c �..---.. • _ ��- �� u"inY _rliC {iy COLLRctimEG+LfUEN[Ep INs WENTe PF RCT MANAcue _ M. e 9 Exhibit 1-1: our ❑amprehensive Suite of Mandate Cost Reimbursement Services. 1'he comprehensive suite of mandate cost reimbursement sewra&s we provide ensures that our clients will optimize their cost reimbursements. PROPRIETARY 12 f } E City of Palm Springs 1.2 MAXIMUS POSSESSES SIGNIFICANT EXPERTISE IN THE STATE25 MANDATE COST REIMBURSEMENT PROGRAM With over 25 years of mandate cost reimbursement program experience, MAXIMUS is a leader in providing mandate services to counties,cities,school districts,and special districts.Our diverse client base allows us td address all facets ofthe mandate process and coordinate among other types of local agencies to find the best data collection processes,tools,and techniques,We also use this knowledge to help otT clients with developing the most effective claiming methodologies for each of the eligible mandate programs. 1.3 WE MAINTAIN THE SB90 SERVICE WESSITE FOR THE BENEFIT OF OUR CLIENTS MAXIMUS maintains the SB 90 Service website(http://www.sb90servicc.com.0, which contains awide range of information,including claim payments,mandate legislation,test claims,and interpretations of key decisions which affect the state mandated cost area.Free membership to the SB 90 Service website is provided to our clients;this is just one of the many benefits that MAXIMUS provides to clients.Id addition,the City will have the ability to attend the SB 90 Service E training workshops at an established membership rate,The League of California Cities endorses the SB 90 Service as a cooperative effort to maximize cities' revenue through the SB 90 process, f .. 1.4 MAXIMUS SFRVES AS A LIAISON TO STATE AGENCIES MA.XIMUS maintains strong ties and relationships with a variety of state agencies and]oral government associations.We maintain an open and communicative relationship w th the State Controller's Office,Commission on f State Mandates(CSM),Department of Finance,and other departments involved with state mandate cost issues-Both state and local representatives contact Iv1A7CTMUS staff when there is a need for assistance in the State mandate area. This unparalleled relationship with Slate experts provides us with a better understanding of the programs and eligible activities to be claimed for reimbursement.This association enhances our ability to increase the revenue recovery for Our clients_ CS MAXIMUS IS COBFR41TTED TO THE STATE OF CALIFORNIA, CITIES,AND LOCAL GOVERNMENT MAXI]MUS has conducted over 2,000 projects in the State of California over the past 10 years_Our mandate cost reimbursement practice has served over 300 cities and special districts,a majority of California's 55 counties,and 300 school districts.We understand our clients'environment and bring best practices that have been,proven dtrough years of experience.Furthermore,this deep experience in the Slate of California allows us to navigate the claiming process while addressing the specific needs of our clients. 1.6 MAXIMUS PROVIDES TEST CLAIM AND LEGAL EXPERTISE The MAXIMUS legal staff assists clients in filing test claims,provides a legal interpretation of the law,and assists in desk reviews and field audits,Our PROPRIETARY 13 City of Palm Springs I attorney is involved with the majority of local government test claims brought before the Commission on State Mandates.In addition,our attorney participates in the preparation or review of Parameters and Guidelines,which are the basis of the State Controller's claiming instructions. 91 MAXIMUS IS A FINANCIALLY STABLE, PUBLICLY TRADED COMPANY DEDICATED TO HELPING PUBLIC SECTOR GLIENT'S Since its inception in 1975,MAXIIWS has grown into a large$rrn with 24 offices in California,employing approximately 1,600 employees statewide.We provide a wide range of consulting services and have the ability to draw upon a formidable poa[of subject matter experts and other resources throughout the company as circumstances warrant,Despite our size,MAXIWS has never forgotten its roots or the reasons for its continued growth,which is based on i providing high quality consulting services. P i i - PROPRIETARY 14 E • City of Palm Springs I - f `r 2. ScopE OF SERVICES E MAMMUS offers a comprehensive suite of mandate cost reimbursement services to F our clients, Not only are our experienced consultants well versed in the claiming requirements, put they also possess unique insights and updated program knowledge enabling them to better provide technical assistance, advice, and improvement suggestions to optimize the benefits at the program. This aampreheDSive set of services provides the necessary value that our clients desire and sets us apart from our competitors, MA XIMUS proposes to prepare and file all of the City of Palm Springs's eligible fiscal year state mandate cost reimbursement claims for which claiming instructions are issued in tho 2009-2010 fiscal year.In addition,we will prepare and docnin it new or first-time claims,as well as claims that require armendment(s).Exhibit 2-1 summarizes our proposed scope of services. +bus xu zsacr;aayF. Stara or ?kGnhan°rs G:vp;7 i~si�eu^srnwln!r �c:e�;c� ANNua I`I=-- { „_ r '!II- •` l .0 �_ J114L-�-°H- tfi'vi:•i�rw�;a_ [.LMdS I".I =12.11.[i!I _� 19 .� -, Gx iw r:91�£ Sw;iwiitiM1' yl �. t 1ii- �tuGSL1 I,ns,, - 1 .5�'' Vt„ [ , '`r+: JP'?Ril'7�'. leW ir,, - �. .�Jl,i'}i�.:,u=':?>-'... n VA n�ii�i,� �' =i F•Yf " �Tr1 �:n.. ;�'-_�:'i d�l�. �N tY`L 5 n I NC0'LY '.F -.s °d9_..f.-L y"p ..a=�R•�' '--v!�._r - e'f¢ . 3�hs*'�,•5�'PnF��y -nor...' �'. *t_ •_�eahM1©NiroR.- -\. t.LfCl6�e v� tZ. ��,�rtil=��; r S"e� .'� _�.-.^•r. l lfi�9","�LiLe"�'EF3'i"�•= _ [ I T/Cm.cicciv' rvl r�" 1 d f e7i - 't�-e�� -,�ti:-�:+.e.�,r21 `Ril'` .%•I_'L�� i. �wr•�T'.+a.''-• yr, tl f�_'__ od.srr -n '`r ,,�'.' r-� h m� e c.= 5l�_'I.L;--,G . L�Wrr�'L� � ,. �� ' Tw.INair, lt:iy.FLrVsI�`�EI:u,,7L^�.•n-7tg—a4 1i` %=i`!r�r'r1,n:I1;Ci,.s;i:d•a-�� `�--r�i.Istvaw�im-o•li F-sld.ws' 7 Tlp3��'s'�IL,�ah,Ss�_.i,I�=urTFtn-'��aNs�F��cs,st�;�nLnM=i1 5:-i:l�lr's�zS�^a.`C��•,`!�„F:`c�I l=kl;'r'":T . y:,-�,�,,;W..��1•—°:rs'na�..^,d:..r�pr{ �ru�,aa . r !-�?,_[a.-[qIl.. auc=4,.::1 'il.�� r �:j:gl:t'=w3�� u7 �;•si�_If(r�c$se31��s.��9iQ�:' 'i}, ,g5`-IiiI-,�'.fFjFalLiGi M�-Jiil;?sF(!11.eEl:,.r� a'al^L ;Ll:'_?rh� ra . &efc_aSliwi.�faltndn,17a5r7r r;:i��M��-:Ei�h1sY.!n7[�.Su'i��5•vv9�l'-Imo"-'-`:altlrfi��i„�,�;ti fi"��'2v�. i'!i r .rt m a-. • I,-''`"• �, r.'oMMYNIGT10Ns �'F . .r•�� 's'.'��.tl rp,r' -� !• .E � `,r- ✓ �. � - fan - °Ys=s p":�-•�,:. a'°'. �::�r�' ,< is . �`[IWndl .`si+�5_6'w-KdF,i'—+r•_--C� ti• -.MT c1`iI�'t [xlf:E�u'INL$�e.=n?-�`".'.4J�44 l! . ONaoINc �I�-��.�=r":;�=61u1;.5i?6=4'�:r=�`'PdiSti�i•'fir=si{°J2��e�Y1Pts..'QRr ntiq�t`i�=ti�?rcn;Wc�e"i"=�'-.'��u'�fy�u . Sueroxr �.�= ti'.EinL�'<irarsNi.Lapavio,E?Y6YY��f'nl�c�=,!:_-- ^ �hi�ia'1 '":iF.��'�fIR' sltti!nil`L?i��iGwn.�fl�'�''�4_,�dya:�.={'-.,rvlad...�•ra_ilo��n�+'�I.�'��v�:uI4159nL,:L.,—=_F•'s`nr 1. Exhibit 2-9!Overview of Proposed Scope of Services. We provide a diverse scope of services to support your mandate cost reimbursement needs. ' 1 PROPMETARY 15 City of Palm Springs 2.1 PROPOSED MANoATE COST REIMBURSP-MEhlT ACTIVITIES As shown in Exhibit 2-1,we propose a comprehensive suite of services to support your mandate cost reimbursement needs-Below arc the key activities: 1. Collect;document,prepare and file all fiscal year 2008-09 actual cost claims based on the State Controller's claiming instructions issued during the fall of 2009, 2, Collect,document,prepare and file newly claimable programs for which the State Controller issues claiming instructions during the 2009-2010 fiscal year. 3. Provide staff training sessions,as appropriate,to the City personnel involved with the claiming process.The training will also focus on the most suitable actual time or time study documentation to maximize the reimbursement of each mandate program. 4, Maintain communication and provide regular project status information to the City's designated mandate cost program coordinator throughout the contract period. 5- Monitor the City's state mandate cost and payment process. 6. Provide data collection instruments and assistance to the City to prepare newly eligible claims,as mutually agreed upon,that are approved by the CSM during the contract period. 7. Serve as a liaison with the State Controller's Office and CSM to respond to cost estimate requests and questions related to the City's mandate cost programs or claims. S. Assist the City with desk reviews and/or field audits for claims tbaYwere prepared and submitted by MAXIMT7S.If requested,we will provide S general advice to the City on any state mandate cost program issues that may arise during the tern of the contract. The State is more closely scrutinizing state mandate cast reimbursement claims. The City ofPalm Springs should maximize recoveries that it is eligible to receive from having complied with the state mandates.It is imperative that the City does everything possible to have the highest quality and most defensible claims prepared by a team of experts.We believe that MAXIAWS will fully meet these objectives. 2.2 ASSUMPTIONS The scope of work discussed in this proposal assumes the following: ■ The collection of dam and training will be accomplished by providing up to two(2)visits to the City,as determined appropriate by the City mandate cost coordinator. ■ The scope of work discussed in this proposal includes eight(8)hours of assistance with State Controller questions,State Controller desk andits,City claiming process analysis,and State Controller audit assistance.In the event of a desk review or field audit, we will provide this assistance during the fiscal year.Assistance may include,but is not limited to,answering State Controller questions,retrieving documentation,and participating in State Controller meeting(s). PROPRIETARY 16 i City of Palm Springs n The scope of work discussed in this proposal includes data collection and fff processing up to rive(5)new mandate programs for which claiming f instructions are issued by the State Controller's Office prior to June 30,2010. ■ The scope of work discussed in this proposal assumes the City-will provide 4 + NC IM0S with accurate and complete data for all annual claims at least 30 k days-prior to the State Controller's deadline. i I PROPRIETARY 17 City of Palm Springs 3. OUR PROPOSED APPROACH AND WORK PLAN M=MUS understands local government issues and practices. We listen to our clients' needs and adapt an approaph that best meets those needs. This tallored approach, combined Wth our statewide experience, helps our consultants to fully maximize the City's reimbursement polentiaL In this section,we present oar proposed approach and work plan for the preparation of the City of Palm Springs's state mandate reimbursement claims and all other related work-MAXLMUS is committed to working closely with the i City's SI3 90 coordinator to adjust the approach as necessary to accommodate the City's needs.Each of the key tasks is described below.The overall worldlow is shown in.Exhibit 3-1 on the next page. 3.1 PROJECT PANNING, SCHEDULING AND COMMUNICATION'S The purpose of this task.is to prepare a project plan and schedule,as well as strengthen the various means of communication between the City of Palm Springs and MAXIMUS staff for claiming opportunities during the fiscal year. The plan will identify the various roles and responsibilities of both the City of Palm Springs and MAXIMUS consulting staff involved in the process,as well as MOxl=wilflwiwi work tasks to be completed. t th0 existing claims i pmuess and make NLkXDAUS will conduct interviews with the appropriate City of Palm Springs anproprratePtodifrca- staff to review the existing claims process,and the strengths and weaknesses of Sans to maten'ais to the previous data capture materials.We will make any modifications to our 6cst maetthe weds materials or develop new materials that best meet the needs of the City.Our goal � ofiGeGhyafPaytr Spnna,, is to minimize the time required from the City of Palm Springs staff and to validate that the actual time or time study documentation supporting the claims is • complete. 3.2 CONDUCT ORIENTATION AND TRAINING SESSEONS MAXIMUS will conduct an orientation and training session for City staff involved with the claiming process.This training includes, I. The review of the general process,along with identification of the roles and responsibilities of the City and MAXIMUS. 2. The review of each state mandate program,along with discussion of what information will be required to complete the claims,and how that data is to be compiled 3. The review of the data compilation schedule for each mandate program. 4. The distribution of written reference and data compilation materials to the City of Palm Springs staff to simplify the claiming process PROPRIETARY 18 iI City of Palm Spring Tl M gi V vnz�.F- un I ,Mn Pi Z 40 L�-.. mu�A�- J"F ............. T 11 2 5 LLi Va �P7 Exhibit 3-1;MAXIMUS Mandate Cost Reimbursement Workflow. We provide a comprehensive scope cfsvvices,to wippbityourmandata cost reimbursement needs. 3.3 COLLECT FINANCIAL DATA MAMMUS will obtain from the City all financial data required to complete the claims.Below are some of the documents to be requested from the City! a Annual.Rudgets m Departmental Expenditure Reports m Salary Reports it Cost Allocation Plans(when available) m Service Invoices 3A CONDUCT PROGRAM DATA COLLECTION INTERVIEWS A team of experienced,mandate cost reimbursement consultants will work with the City of Palm Springs to develop processes and procedures necessary to gather the data required for each claim. Our MA)UMIJS consultants will provide the training,coordination,monitoring,and follow-up to ensure the necessary data supporting the various claims is obtained. PROPRIETARY E � 1 ' City of Palm Springs 3.6 PREPARE DRAFT CLAIMS FOR REVIEW AND APPROVAL AND SUBMIT FINIAL CLAIMS Once the data is compiled,MAXIMUS can begin to prepare the state mandate' cost claims.Each claim requires the documentation and validation of all costs.In preparing the claims,MAXIMUS staff will update the City of Palm Springs on any problems or issues it identifies.Once the claims are prepared,they will be presented to the City of Palm Springs for review and approval-Signed claims, along with a Declaration of Service,will be delivered to the State Controller's Office by MAXIMUS.Upon submission of the claims to the State Controller,the City will be provided a copy of each claim filed,which includes the indirect cost rate proposal(ICRP)and other attachments as required by the State. 3.6 ORGANIZE WORK PAPERS AND MAKE RECOMMENDATIONS p Following each claiming cycle,MAXIMUS updates the City of Palm Springs on 1 the results of the claiming effort,provides copies of all filed claims,and organizes the work papers agreed upon by the City.In addition,MAXIMUS f provides the City of Palm Springs with any recommendations for improving the documentation or other matters related to the preparation of the state mandate ` claims. i 3.7 PREPARATION FOR NEW TEST CLAIMS MAXIMUS provides the City of Palm Springs with the necessary research and assistance in preparing and initiating the data collection process for newly eligible programs that have been approved by the Commission on State Mandates during the contract period. During the initial planning process,MAXIMUS will develop a clear understanding of how the City of Palm Springs would like to complete this task and make recommendations on alternatives to ensure maximum reimbursement of the newly eligible programs, 3.8 ASSISTANCE WITH DESK REVIEWS AND STATE AUDI $ ht4.Ylm[ISpmNdcs MAXIMUS works closely with the City of Palm Springs to provide a response to assfstanm to desk the State Controller,should there be art issue with one of the mandate revisivsand/oraudits reimbursement claims prepared by MAXIMUS on behalf of the City. for claiatsMAVY,US MAXMIUS has extensive experience working with the State Controller's 017iim has prepared in identifying processes that will yield The most equitable and reasonable method for resolving disputes, 3.9 PROVIDE A PROVEN QUALITY ASSURANCE PROGRAM MAXIMUS works with the City of Palm Springs to develop a comprehensive quality assurance model.This model allows us to conduct:(1)processes to identify individual staff,which may require first time or"refresher training," and(2)interviews with a sample of City staff to assess the effectiveness of the current processes,provide reference materials,and provide feedback regarding the types of issues that staff are experiencing. PROPRIETARY 20 I City of Palm Springs MAX-M S uses the information gathered from the above activities to identify I claiming process improvements and recommeadations such as additional training or procedural modifications. Our comprehensive approach and tailored Work plan provides the City of Palm Springs with a cost reimbursement methodology that maximizes the poteutial for recoveries.Our flexiblo approach can be fi 4her refined during our project planning efforts at the commencement of this project.We likewise understand that there may be more than one best approach to accomplishing the various activities.MAXIMTJS seeks advice and recommendations from the City of Palm , Springs's mandate cost coordinator in all aspects of the work. . i i I i I PROPRIETARY 21 I City of Palm Springs . - . 4. OUR PROPOSED MAXIMUM TEAM The breadth and depth of our proposed MAXIMUS mandate cast reimbursement team'provides the City with the most qualified and experienced consultants available to ensure the accuracy,completeness,and timeliness of all work. Critical to the success of any mandate claiming process is a dedicated team of seasoned professionals with the right experience to achieve the desired benefits It is dithcuft to and results—people who do not have to learn through experimentation on the job Imagine another and who have worked together on similar engagements to acbieve sustainable tvmasquatifiedas results MA CIMUS is committed to providing erienccd,qualiFed staff to ours fn terms of P g ex p offering corrective ensure the success-of this project.Our proposed team has extensive state mandate indusosubjece cost reimbursement experience,including data collection methods,training and matterexpartlsei technical assistance,process improvement,claiming preparation and filing,and drrecUp cumparabte quality assurance A of the claims. prajactaxp�ence, t ar.-pointiepa7acu- This section presents our proposed project team We arc confident that the City man,andspecific process improve of Palm Springs will conclude that MAMMTJS offers the best team to prepare meatead tcchnicaf and file its state mandate cast reimbursement claims.Our team of highly analysts skirts . responsive,experienced,and execptionally trained consultants work hard to Vensure the accuracy,completeness,appropriateness,and timeliness of our work. 1 4.1 PROPOSED PROJECT TEAM f The team that MAXWUS has assezoblcd is uniquely qualified to successfully complete the comprehensive scope of services in this proposal.It is difficult to imagine that any other firm can provide a team of professionals as qualified as ours in terns of the program subject manor expertise,directly comparable project experience,and claiming process improvement and technical assistance skills that we offer. Our project team is organized under the direction of the project Manager and an experienced Consultant,as shown in Exhibit 9-I on the following page.The AiA CRAM iS team includes the support of a highly skilled claiming assistance sta$our legal sta several indirect cast specialists,and an SB 90 Executive Director.Our Legal Staff,dedicated to state mandate issues,provides assistance with legislative interpretation,test claims,incorrect reductions,and audits.The team also includes our SB 90 Executive Director who provides extensive experience in all facets of local government state mandate programs. PROPRIETARY 22 r City of Palm Springs x FiT�3ecr rraia,�G�rw�+rt �:`red",, •I" l'•• �q�;7c FEWYN-J_YN10:_ 'r;tf.YIC�PFESIO�FIT'� � _`S E F ;�`_Syr;. i IRwEcTNl.. r',:Jsno consuirAnlY: -•i,. - ,;'l" _,___i:.: r'"- - -_: 'ri e - - - ^�'.-'S . i��^LL'�:.'i.d'�h�':'�:%�L.�..1.:ilii`Irrt yN�"i�-= ^a.� �SSLT,i;kN,. ',"" .r:rG' •„v iwC.;U.L yFIf.^.r�,ri _:•sa rM1Cr}?;.:M1,;;. U4niR .:.�.- -�V17lWA` �4R?ld.;• I�'~.'�IWTmMRAr 'CantsuETgNtS T^• ==r�•`J�LtiaN,$VRo�IFi�'��1,ILk _ :CE6W_GO�N54_ �`•_ J INrS T 5'�/inSTS_'�.r. 4 `�1T•, nl1 _ { - 'S%v• � �.w•.•Fvi_raj!u u ' ac .: n•li[. ^5 _ _ 1111 r=�F: _._'i 5-�4..'w�^,nv`' y ' 1..`51 { �``�~ •.s`Y r.rv.� r ...IT'.�r.�J�..i.`..�"ir :f.l:r:'�M1i':�:I t•� ' Exhibit 44' MAMMUS Proposed Project Team. Our project team is organized under the direction of the Fmjact Diractar and an experienced Project Manager. 4.2 K=—Y PROJECT ROLES AND RESPONSIBILITIES Our project organization is based on the scope of services specified!it this proposaL As seen in Fxhibit A.I,by defining our project team to the specific needs of the City,we offer specialized personnel who have the applicable experience necessary to meet your specific needs. Project Diroctor.-Feriyn,Junta Ms.Junto is a Vice President from our Sacramento office and will be responsible for ensuring the quality and timeliness of the project Her responsibility is to provide all necessary resources to make sure the project is successful.W.Junin, will also be involved in the orientation and training sessions,review of claims prior to submission to the STAte,and support any desk reviews or field audits that may occur. Project ManagerlLead Cansultarrt ^ Drawn from our pool of highly experienced and qualified state mandated cost consultants,the Project Manager/Lead Consultant will oversee the daily work of the project team and ensure that project implementation occurs on schedule and in accordance with all project requirements.The Project Maaager/Lead Consultaut has responsibility for coordinating the collection of all applicable data from the City,providing regular client communication,conducting on-site PROPRIETARY 23 f { City,of Palm Springs f interviews,and preparing the claims.In addition,the project Manager&ead Consultant will maintain a high quality of client service,technical perfonnance, and commitment to the project- Legal Staff. Juliana Gmur Ms_Gmur is the Chief Legal Counsel for our Mandate Cost Consulting Practice. Our dedicated attorney is available to assist the Lead Consultant in reviewing any legal claiming interpretation issues and,if necessary,defending the claims during desk reviews or field audits.Ms.Gmur has 12 years of legal experience,with the last four years specializing in the state mandate arena. Claiming Assisfance Sluff To assist the Lead Consultant,we have a number of experienced state mandate cost consultants.The staff will assist the Lead Consultant in the preparation and filing of mandate costs claims. lxeciNve director:Allan Btirdlck l Mr-Burdick l as exceptional experience working with local government skate mandate programs.He is valued and looked upon by many in the state mandate cost community as the expert source of information on state mandate cost issues. Ms.Burdick has been involved in the state mandate cost practice since its inception over twenty-five(25)years ago.Mr.Burdick will serve as a general mandate specialist,with a special emphasis Vn new or upcoming mandates. I PPOPM1TARY 24 � f f City of Palm springs S. PROFESSIONAL F1=E5 MAX(Mt15 provides the mast comprehensive 83 90 service at a very competitive price. Given our resources and our consultant expertise, what we offer makes MAXIMUS the best value Mr the client's investment. This section outlines our fee structure and method of payment offered to the City of Palm Springs.Likewise,in order to better serve the City,M AXEvR S is offering a two-year option agreement. I 5.1 FIXED FEE We propose to prepare and file the eligible fiscal year 2007-2008 actual cost reimbursement claims for a fixed fee of eleven thousand dollars(SI 1,000)..This fee is inclusive of all professional fees and expenses. 5.2 'TWO-YEAR OPTION With a number of new claims forthcoming,the number of test claims waiting to be heard,and several new anticipated test claim filings,the potential for } I reimbursement is inemasing.For the City's benefit and convenience,we are offering a two-yea service option,By choosing this option,we believe the City, !, will benefit from our price offering.The two-year option is as follows: j Fiscal Work Year Aetual Cost Claims Total free 2009-2010 2008-2009 $5A00 2010-2011 2009-2010 $5,500 5.3 MET140D OF PAYMENT We propose the total fee to be invoiced in three installments,as follows: w Forty percent(40%)on September 30,2009 m Forty percent(40%)on December 31,2009 r Twenty percent(20%)on May 31,2010 We are happy to discuss and determine reasonable alternatives should the City desire an alternative arrangement. PROPRIETARY 25 G f EXHIBIT "B" INSURANCE PROVISIONS l cluding Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, i Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) f 26 RCixd:2NB107 507G391 - f Insurance 1 Consultant shall procure and maintain,- at its sole cost and expense, and submit concurrently with its execution of tbis Agreement, in a form acceptable to City, public Iiability and property damage insurance against claims for injuries against persons or damages to property resulting from Consultant's negligent performance under this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extension thereof, and shall not be cancelable without thirty(30) days written notice to City of any proposed cancellation. Certificates of insurance evidencing the j foregoing and designating the City, its elected officials, officers, employees, agents, and II volunteers as additional insureds shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City,its elected officials,officers,agents,employees,and volunteers. A" Minimttxn Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows: I. Commercial general liability and personal injury with limits of at least one F million dollars($1,000,000.00)combined single limit coverage per occurrence; 2. semis ast e�sx de]3 s ( ,09"8i1:0Q)TeF� *Waived. 3. n-i esdeEk hebihty (ewers and"emissieas)hi araaee-wit r 7-0�'ts of at �$95 AHB�llh•""va deRa,-s($1,009 000 00)..,,r aeourreaee,% *Waived 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars$1 million per occurrence. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contabute with it For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation it may have against City, its elected officials, officers,employees, agents, and volunteers. E. Errors and Omissions Coverage. if Genwta3# -gr• prefessienalran -also-agEi ing-dther-(-I•}"urc� e3�ars u£ tlle-- es� halaility in%mai�ee eaveirEte with the saine . , e. 7 e....pa aFfiu �- e.7 Oj ii..:.. h..-kbf...... -, i r 1,e3SL eiree yeal�safter ."" }rant tt�prevade RMA ed:ZO9/0T SQ7G3?2 27 e':.a""��tl�pur ur�ee-or-enY�YYua�ort of-tlYe-prnfess�a� y pske *Waived. P C. Sufficiency of ksurers. Insurance required herein shaU be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with as A.M. Bcsf s Key Rating of B+, Class V ll, or bettcT,unless otherwise acceptable to the City. D. Verilica{ion of Coverage. Consultant shall furnish City certificates of insurance evidencing aU of the coverages required by this Agreement. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf AR proof of insurance is to be, received and reasonably approved by the City before work commences. Additional insured 1 endorsomeuts are not required for Errors and Omissions and Workers' Compensation policies. ( E. snr x . ..t er sel€.in erred �rHldS�_be de..1.. eA +,. .....7 _ _.��VY,_.r 4le ('�:1 A4 46.., ,.p+:..... ,.F+1.., !•i:+.e .,'Q.e..+T.., J. +„ ......1, .T..,T.,..+..LT �iak�Edl3Ee4r�llnll�e5-per^E -rZ517ECi5-ilre-Gft;�; ,7 ,.FC.:..T..' �.F1:no� ...T......... ......J.+.. ..,'(l V131113�EEI• j '.�F@Et3P�� bead araate T ��u Ter+e se�an��>��esEi�ai3ans; apse;- *Waived. i i I I F. Severability of Interests (Separation of Insureds . This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability on the General Liability and Auto Liability politics. so761v? 28 (.cwiwd:?J0�lO7 CONSULTING SERVICES AGREEMENT With Maximus,Inc. for Comprehensive State Mandate Cost Reimbursement(SB 90) Services THIS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and entered into thisfay o£_h�Zy , 2007,by and between the City of Palm Springs, a California charter city and municipal corporation("City"), and Maximus, Inc. ("Consultant"). RECITALS - A. City requires the services of a professional consultant to provide Comprehensive State Mandate Cost Reimbursement(SI3 90) Services("Project"). B. Consultant has submitted to City a proposal to provide Comprehensive State Mandate Cost Reimbursement(SB 90) services to City pursuant to the terms of this Agreement. C. Based on its experience, education, training. and reputation, Consultant is qualified to provide the necessary services to City for the Project and desires to provide such services. D, City desires to retain the services of Consultant for the Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the City as follows! AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide Comprehensive State Mandate Cost Reimbursement (SB 90) Services as described in the Scope of Services/Worlc attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services" or "work"), which includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Scope of Services/Work and the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. 1.2 Compliance_ with Law. All services rendered under this Agreement shall be provided in accordance with all laws, ordinances, resolutions. Statutes, rules, and regulations of City and any federal, state, or local governmental agency of competent,jurisdiction. 1.3 Licenses and Permits. Consuh.ant shall obtain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Revised:2/09,W 507639.2 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that it has carefully considered how the work should be performed and fully understands the facilities, difficulties,and restrictions attending performance of the work under this Agreement. 2. TIME FOR COMPLETION. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A". Consultant shall not be accountable for delays in the progress of its work caused by any condition beyond its control and without the fault or negligence of Consultant, Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. I 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. For the services rendered pursuant to this Agreement,Consultant shall be compensated and reimbursed. in accordance with the schedule of fees set forth in Exhibit'A"which total amount shall not exceed S 10 600.00. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall no later than the first working day of such month, submit to City in the form approved by City's Controller, an invoice for services rendered prior to the date of the invoice. Payments shall be based on the hourly rates as set forth in Exhibit "A" for authorized services performed. City shall pay Consultant f'or all expenses stated thereon, which are approved by City consistent with this Agreement, within thirty (30) days of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, the parties hereto shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees. An amendment may be entered into: A. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work; B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Appropriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the City Council of City for each fiscal year covered by the Agreement. If such appropriations are not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 2 Revised:2/09/07 $07839 2 4.2 Schedule of Performance. All services rendercd pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of performance set forth in Exhibit"A". The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force�wre. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not limited to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidermic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Consultant shall within ten(10) days of the commenceirent of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. I 4.4 Term. Unless earlier terminated in accordance with Section 8.5 of this Agreement,this Agreement shall continue in full force and effect commencing upon execution of this agreement for a period of no less than two (2) years and ending no later than December 31, 2009, unless extended by mutual written agreement of the parties. 5. COORDINATION OF WORD 5.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the services and work specified herein and make all decisions in connection therewith: Steve Oppenheim, Project Manager_ It is expressly understood that the experience, knowledge, education, capability, and reputation of tie foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder, The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer. 5.2 Contract Officer. The Contract Officer shall be the City Manager, or his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Aaaiunst Subcontracting or Assienment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 3 Revl$ed;2(09107 5070392 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice, Consultant shall not at anytime or in any manner represent that it or any of its agents or employees are.agents or employees of City. 5.5 Personnel. Consultant agrees io assign the following individuals to perform the services set forth herein. Consultant shall not alter the assignment of the following personnel without the prior written approval of the Contact Officer. Acting through the City Manager,the City shall have the unrestricted right to order the removal of any personnel assigned by Consultant by providing written notice to Consultant. Name; 'Title: Steve Oppenheim Project Manager Juliana Gmur Legal Assistant Manfied Endres Indirect Cost A-87 Specialist Allan Burdick Executive Director 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit`B", which is attached hereto and is incorporated herein by reference. 7. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the"Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitation awards, settlements, damages, demands, orders, penalties, and expenses including; legal costs and reasonable attorney fees (collectively"Claims").including but not limited to Claims arising from injuries to or death of persons (Consultant's employees included), for damage to property, including property owned by City, from the negligence or willful misconduct of Consultant. In no event shall Consultant be liable for indirect, special, consequential or punitive damages. Consultant's liability to the City, for any reason whatsoever and whether foreseeable or not, shall not exceed ten(10)times the total amount paid to the Consultant under this agreement. fYeVl,ed:2109107 s67639.2 8. RECORDS AND REPORTS 8.1 Retorts. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 8.2 Records. Consultant shall keep such boobs and records ss shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the perfunnarrce of such services. The Contract Offcct shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. 8.3 _Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of dais Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no clahn for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials hereundc-r. Consultant may retain copies of such documents for its own use. Consultant shall have an imrmtricl.ed right to use the concepts embodied therein. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials preparers by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents,papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement and shall make such materials available at its offices at all reasonable times during the tenn of this Agrocuical and for tlrtce (3) years from the date of final payment for inspection by City and copies thereof shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerting any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or render unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 5 Revised:2I09M su�e3s 9.3 Rights and Remedies are Cumulative, Except with respect to rights and remedies expressly declared to be exclusive iu this Agrucrncrrt, thu rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.4 Legal_ Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this.Agreement, 9.5 °Termination Prior to Expiration of'Term. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, except that where termination is due to the fault of Consultant and constitutes an immediate danger to health, safely, and general welfare,the period of notice shall be such shorter time as may be determitted by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Officer thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. lo. CITY OFrICERS AND EMPLOYE,ES• NON.-DiSCRIMPI ATION 10.1 Non-Liability, of City Officers and Fmplovees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, nt ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. hither party may change its address by notifying the other party of the change of address in writing_ Notice shall be deemed communicated seventy-two (72)hours from the time of mailing if mailed as provided in this Section. 5076392 Revised:2109107 To City: City of Palm Springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 City of Palm Springs Attention: City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Steve Oppenheim, Project Manager Maximus, InC. 4320 Auburu Blvd., Suite 2000 Sacramento, CA 95541 11.2 'Integrated Agreement_ This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 11.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement,which shall be interpreted to carry out the intent of the parties hereunder. 11.5 Author i . The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. Revised;2I09107 5076391 IN WITNESS 'WI-I RI OF, the partics have executed this Agreement as of the dates stated below. "CITY" City of Palm Springs Date: -��1- 7�G Bye David H. Ready APPROVED BY CITY MMAGER City Manager d5jdtoG2a7"3 NOT TO EXCEED S Do� • Initialed:_ !.I-I"� eda fnaa. APPROVED AS TO FORM: ATTEST By: . _ By: Douglas C.Holland, Imes Thompson, City Attorney City Clerk- "CONSULTANT" i Q 1Vlaxinius, I Date: V ®� By Ferlyn Ju r or s a��isaa:za�for 3076392 EXHIBIT "A" CONSULTANT'S SCOPE OF SERVICES/WORK PROPOSAL Including, ' Schedule of Fees And Schedule of Performance Attached and incorporated herein <J Revised:2109/D7 sa763g z I it City of Palm. Springs " FY 2007-2008 Proposal for SB 90 Services 3 K u. f j I r , . COMPREHENSIVE STATE MANDATE COST REIMBURSEMENT SERVICES FY 2007-2008 MAXIMUS is a leading provider of state mandate cost reimbursement services to cities and counties in California.With over 25 years of experience in providing State Mandate Cost Consulting Services, we believe no other company can match our years of experience, program knowledge and insights, or our technical assistance in obtaining cost reimbursement for new mandates. MAXIMUS is a leading provider of government consulting services to cities, counties,and school districts.MAXIMUS provides a comprehensive set of services, including claiming analysis,operational improvement, training,audit MAXIMUS provides a support and assistance,revenue enhancement,technical assistance,and quality comprehensive see of assurance,Unlike many of our competitors,our company's mission and focus is services,Including primarily on providing consulting services to government. Since our inception in claiming analysis, 1975,we have been at the forefront of innovation in meeting our frm's mission operational of"Helping Government Serve the People'9 improvement,fraining, auditsupportand . Our history of dedication and commitment to the needs of government sets assistance,revenue MAXWUS apart from our competitors.We take great pride in providing high j enhaocemon4 technical quality mandate cost reimbursement services and unique program insights, assistance and qualityknowledge, and assistance to our clients.We have consistent) been successful in assurance.. Y providing our clients with services that meet and exceed their expectations. We seek to build long-term relationships based on mutual trust and respect, which allows our clients to seek us out for advice and counsel Iong after our work is complete.Although MAXRAUS is a large corporation,you will receive very close,professional attention to your cost reimbursement claiming needs. j 'I. WHY MAXIMUS The MAXIMUS State Mandate Cost Reimbursement Consulting practice began in 1981 with the preparation of reimbursement claims for local agencies.IA 1983, j. we expanded this practice and began providing statewide technical assistance to local agencies.This long-term history provides our clients benefits and ;I f advantages that make MAXIMUS their provider of choice.Below are the key reasons why you should select MAJXI1v1US as your state mandate cost f it reimbursement consultant. 1.1 DEDICATED, EXPERIENCED STATE MANDATE COST I,I REIMBURSEMENT PRACTICE MAXWUS offers our City clients the resources and stability of a large national Vj l firm,along with a dedicated California practice specializing in the full range of state mandate cost reimbursement services. With more than 25 years of proven l; experience, our state mandate cost reimbursement practice has consulting j professionals located in the Bay Area, Irvine,and Sacramento in order to best j (I serve our clients' mandate reimbursement needs. a 'II I� - PROPRIETARY 1 ( II i City of Palm Springs I We assign an experienced consultant dedicated to your City and provide a comprehensive set of services meeting your City's unique needs.MAXII US We We great pride consultants are all highly experienced and trained in preparing and supporting In providing high state mandate cost claims. It is important for the City to know that N LSX84US qualitymandate cost resources and expertise necessary to the mandate cost claiming area are readily reimbursement available.The City of Palm Springs can be confident that MAYUVWS provides ' services and providing our clients unwavering commitment to the program now and in the long-term.This with unique program combination guarantees that the City will receive the highest Ievel of consulting Insights,lracwledge, expertise and support possible, andassistance. Our consultants understand the unique mandate requirements in any given claiming year,and are kept abreast of the legislative changes,commission outcomes,and decisions.Our consultants likewise actively advocate on behalf of our clients' for future program reimbursement and funding.As shown in Exhibif 1,1-1,the comprehensive suite of mandate cost reimbursement services we provide ensures your City will optimize its cost reimbursements. I I I I ` I II y i I I ,I i its Exhibit i.1-1: Our Comprehensive Suite of Mandate Cost Reimbursement Services, The comprehensive suite of mandate cast reimbursement services Wa provide onsure that our clients Ml opgmize their cost rcimbursoments. b nn/�heN��r�w dill i i City of Palm Springs 1.2 MAXIMUS POSSESSES SIGNIFICANT EXPERTISE IN THE STATE'S MANDATE COST REIMBURSEMENT PROGRAM With over 25 years of mandate cost reimbursement program experience, MAXWS is a leader in providing mandate services to counties,cities,school districts,and special districts. Our diverse client base allows us to address all facets of the mandate process and coordinate among other types of local agencies to find the best data collection processes,tools,and techniques. We also use this knowledge to help our clients with developing the most effective claiming methodologies for each of the eligible mandate programs_ 1.3 WE MAINTAIN THE SB90 SERVICE WESSITE FOR THE BENEFIT OF OUR CLIENTS MAXIMUS maintains the SB 90 Service websito, which contains a wide range of information including claim payments,mandate legislation,test claims,and interpretations of key decisions which affect the state mandated cost area. Free membership to the SB 90 Service website is provided to our clients,this is just one of the many benefits that MAXIMUS provides to our clients_ In addition,the v City will have the ability to altend the SB 90 Service training workshops at an established membership rate. The Teague of California Cities endorses the SB j 90 Service as a cooperative effort to maximize cities' revenue through the SB 90 process. 1.4 MAXIMUS SERVES AS A LIAISON TO STATE AGENCIES MAXIMUS maintains st mng ties and relationships with.a variety of State agencies and local govermuent associations.We maintain an open and communicative relationship with the State Controller's Office, Commission on State Mandates(COSM), Department of Pmanee,and other departments involved with state mandate cost issues. Both state and local representatives contact MAYJMUS Staff when there is a need for assistance in the State mandate area.This unparalleled relationship with State exports provides us with a better understanding of the programs and eligible activities to be claimed for ;I reimbursement.This enhances our ability to increase the revenue recovery for our elicits. 1.5 MAXIMUS IS COMMITTED TO THE STATE OF CALIFORNIA, CITIES, AND LOCAL GOVERNMENT MAX11vIUS has conducted over 2,000 projects in the State of California over the i past 10 years.Our mandate cost reimbursement practice has served over 300 cities and special districts,a majority of California's 58 counties,and 300 school i districts. We understand our clients' environment and bring best practices that have been proven througb years of experience.Futthermore,this deep experience is the Slate of California allows us to navigate the claiming process and help our i i clients with addressing their speck needs. I i f , 1 PROPRIETARY 3 ,,;,� City of Palm Springs 1.6 MAXIMUS PROVIDES TEST CLAIM AND LEGAL EXPERTISE The MAXIMUS legal staff assists clients in filing test claims,provides a legal interpretation of the taw,and assists in desk reviews and field audits. Our attorney is involved with the majority of local government test claims brought before the Commission on State Mandates.In addition, our attorney participates in the preparation or review of parameters and Guidelines,which are the basis of the State Controller's claiming instructions. 1.7 MAXIMUS IS A FINANCIALLY STABLE, PUBLICLY TRADED COMPANY DEDICATED TO HELPING PUBLIC SECTOR CLIENTS Since its inception in 1975,MAX]MUS has grown into a large firm with 24 . offices in California empleying approximaicly 1,200 employees Statewide.VJ6 provide a wido ratrge of consulting services and have the ability to draw upon a formidable pool of subject matter experts and other resources throughout the company as circumstances warrant_Despite our size,MAX US has never :i forgotten its roots or the reasons for its continued growtty which is based on high N quality consulting services. 2. SCOPE OF SERVICES MAMMUS offers a comprehensive suite of mandate cost reimbursement services to our clients. Not only are our experienced consultants well versed in the claiming requirements, but they also possess unique insights and updated program knowledge enabling them to better provide technical assistance, advice, and improvement suggestions to optimize the benefits of the program. This comprehensive set of services provides the necessary value that our clients desire j and sets as apart from our competitors. MAXIMUS proposes to prepare and file all of the City of Palm Sprnags's eligible ; fiscal year state mandate cost reimbursement chums for which claiming instructions are issued in the 2007-2008 fiscal year.In addition,we will prepare L and document new or first-tune clauns,as well as claims that require amendment, Exhibit 2.1-1 summarizes our proposed scope of services.In addition,a list of the annual claims is included in Appendix A orthis proposzl. it i .0 li .I !ri it i PROPRIETARY i ity of Palm Springs r I� Annual G" Tr�fning Rl 1, Communications .[i I;J V Ongoing Support . . •'(' �vvdr S?.G. 1i'" }b:1Mc`�'m+4c c - ir�nY�H.{eS=^P.T.�,�.._�1�.�:'-;y'.,'�. ,�s!�`""+s`.a1)�•';�u t'.fiv_ ,Ev;.r;vJ��7C�..' Exhibit 2.1-1: Overview of Proposed Scope of Services. We provide a Scope of services to support yourmandate cost reimbursement needs. 2.1 PROPOSED MANDATE COST REIMBURSEMENT ACTIVITIES As shown in Exhibit 2-1-1,we propose a comprehensive suite of services to support your mandate cost reimbursement needs.Below are the key activities: ' 1. Collect,document,prepare and file all fiscal year 2005-06 and 2006-07 actual cost claims and fiscal year 2007-08 estimated cost claims based on the State Controller's claiming instructions issued during the tall of 2007. 2. Collect, document,prepare and file newly claimable programs for which the State Controller issues claiming instructions during the 2007-2008 fiscal year. 3. Provide staff training sessions,as appropriate,to the City personnel involved with the claiming process.The training will also focus on the most suitable actual time or time study documentation to maximize the reimbursement of each mandate program. 4. Maintain communication and provide regular project status information to the City's designated mandate cost program coordinator throughout the contract period. 5. Monitor the City's state mandate cost and payment process. 6. Provide data collection instnunents and assistance to the City to prepare newly eligible claims, as mutually agreed upon,that are approved by the COSM during the contract period. E 7. Serve as a liaison with the State Controller's Office and COSM to respond to cost estimate requests and questions related to the City's mandate cost programs or claims. fill I -- PROPRIETARY 5 of Palm Springs 8. Assist the City with desk reviews and/or field audits for claims that were prepared and submitted by MAXIMUS. if requested,we will provide, . general advice to the City on any state mandate cost program issues that may arise during the terns of the contract The State is more closely scrutinizing state mandate cost reimbursement claims. The City of Palm Springs should maximize recoveries that it is eligible to zecover :from having complied with the state mandates,It is imperative that the City does everything possible to have the highest quality and most defensible claims prepared by a team of experts.We believe that MAX MVS will fully meet these objectives. r d 3. OUR PROPOSED APPROACH AND WORK PLAN M"MUS understands local government issues and practices. We listen to our clients' needs and adapt an approach that best meets those needs. This tailored approach, combined with our statewide experience, helps our consultants to fully 1 maximize the City's reimbursement potential. r In this section, we present our proposed approach and work plan for the d preparation of your City's state mandate reimbursement claims and all other a? related work.MA)MVMS is committed to working closely with the City's SB 90 coordinator to adjust the approach as necessary to accommodate the City's needs, > Each of the key tasks is described below.The overall workflow is shown in Exhibit 3.1-1 shown on the next page- 3,1 PROJECT PLANNING, SCHEDULING AND a COMMUNICATIONS The purpose of this task is to prepare a project plan and schedule,as well as srrengtbea the various means of communication between the City of Palm - Springs and MAXIMUS staff for claiming opportunities during the fiscal year. The plan will identify the various roles and responsibilities of both the City of Palm Springs and MAXIMUS consulting staff involved in the process,as well as MAMMUS w111revlaw work tasks to be completed. the existing claims Process andmako MAX[MUS will conduct interviews with appropriate City of Palm Springs staff appropriate to review the existing claims process,and the strengths and weaknesses of the Modifications to previous data capltne materials. We will make any modifications to our materials materials to bast or develop new materials that best meet the needs of the City. our goal is to meetyour needs. minimize the time required from the City of Palm Springs staff and to validate � that the actual time or time study documentation supporting the claims is complete. 3.2 CONDUCT ORIENTATION AND TRAINING SESSIONS MAX1Iv1US will conduct an orientation and training session for City staff involved with the claiming process.This training includes: 1. The review of the general process,along with identification of the roles and responsibilities of the City and MAX MUS. npnnr.er•nw nee City of Palm Springs .Tyl I 2. The review of each state mandate program,along with discussion of what information will be required to complete the claims,and how that data is to be compiled. ii 3. The review of the data compilation schedule for each mandate program. 5. 4. The distribution of written reference and data compilation materials to the City of Palm Springs staff to simplify the:claiming process_ s L' k 1 cOLieCrox � ■ATerru; j r Irillel modfivf C(adlyd lrtwje 4 T14V*11rdx.tcdufa Fdnwrpmdma Yllnl6alon VdIlt1m 7YnFl tlapMmant [dkdlmmdarlalsm adNdlOrr Prapaaa n CIy Wso mpkrvacm deparlmaHea wdancy ww ccwdnahr mudalas µk detds gj"00 rs law V�IK On{Ibi1g CamriPlka[gn 1 I I ^ l Cdn card p metyze Edi aarrocaCaary ad*oullemm MAddMl1S MAMMUS Gem and adxAt rtxt makwWPraJdedby caraatlerb prepare dslma6aise9a the dgmMaeft d6rda xw'agticµrl4lY Coarair Mar � dngv7ng Comrrunlcallon A'JR,, Cly3igmelums" wMim sfmrd MlMAalSpfmldaB reft9IOMW0MUS oehd ddmstaa dtarbmmeaded alm Mis xe if Sfde CoWraders Im prowss reeesmry OHce P e 1 I Exhibit 3.1-1: MAXIMUS Mandate Cost Reimbursement Workflow. We provide a I. scope of services to supportyour mandate cost mimbursement needs. 3.3 COLLECT FINANCIAL DATA MAYMUS will obtain from the City all financial data required to complete the claims_Below are some of the documents to be requested from the City: ■ Annual Budgets ■ Departmental Expenditure Reports ■ Salary Reports ■ Cost Allocation Plans(when available) . ■ Service Invoices PROPRIETARY ry City of Palm Springs ��I �I3,4 CONDUCT PROGRAM DATA COLLECTION INTERVIEWS A team of experienced, mandate cost reimbursement consultants will work with the City of Palm Springs to develop processes and procedures necessary to gather the data required for each claim. Our MAXIMUS consultants will provide the training,coordination,monitoring,and follow-up to ensure the necessary data '`1 supporting the various claims is obtained. is 3.5 PREPARE DRAFT CLAIMS FOR REVIEW AND APPROVAL, AND SUBMIT FINAL CLAIMS Once the data is compiled,MAXIMUS will begin to prepare the state mandate cost claims.Each claim requires the documentation and validation of all costs.In prepariugthe claims,MAXSMUS staff will update the City of Palm,Springs on any problems or issues it identities. Once the claims miff prepared,they will be presented to the City of Palm Springs:for review and approval. Signed claims, II along with a Declaration of Service,will be delivered to the State ControIler's Office by MAXIMUS-Upon submission of the claims to the State Controller,the City will be provided a copy of each claim filed,which includes the indirect cost report(IC"s)and other attachments as required by the State. 3.6 ORGANIZE WORK PAPERS AND MAKE RECOMMENDATIONS Following each claiming cycle,MAXIMUS will update the City of Pahn Springs on the results of the claiming effort,provide copies of all filed claims,and organize the work papers agreed upon by the City.In addition,MAXIMUS will provide the City of Palm Springs with any recommendations for improving the documentation or other matters related to the preparation of the state mandate claims. .37 PREPARATCON FOR NEW TEST CLAIMS it MAXIMUS will provide the City of Palm Springs with the necessary research and assistance in preparing and initiating the data collection rocess fbr newly P p S g P Y eligible programs that have been approved by the Commission on State Mandates ;I during the contract period. During the initial planning process,MAXIMUS will develop a clear understanding of bow the City of Palm Springs would like to complete this task and make recommendations on alternatives to ensure maximum reimbursement of the newly eligible programs. 3.8 ASSISTANCE WITH DESK REVIEWS AND STATE AUDITS E 111"MUSprovides MAXIMUS will work closely with the City of Palm Springs to provide a assistance to desk response to the Slate Controller,should there be an issue with one of the mandate reviewsand/araudits reimbursement claims prepared by MAXIMUS on behalf of the City, f chftsOWNUS MAXIMUS has extensive experience working with the State Controller's Office f Gas prepared. in identifying processes that will yield the most equitable and treasonable method for resolving disputes. i PROPRIETARY 52 i City of Palm Springs j3.9 PROVIDE A PROVEN QUALITY ASSURANCE PROGRAM MAYJMUS will work with the City of Palm Springs to develop a comprehensive quality assurance model.This model allows us to conduct:(1)processes to identify individual staff,which may require first time or"refresher training"and (2)interviews with a sample of City staff to assess the effectiveness ofthe current processes,provide reference materials, and provide feedback regarding i the types of issues that staff are experiencing. MAKDAUS will use the information gathered from the above activities to identify claiming process improvements and recommendations such as additional y training or procedural modifications_ Our comprehensive approach and tailored work plan provides the City of Palm Springs with a cost raimbtusettieatmethodu;oa that maximizes the potential for recoveries. Our flexible approach can be further refined during our project planning efforts at the commencement of this project. We likewise understand that there may be more than one best approach to accomplishing the various activities.MAXIMUS will seek advice and recommendations with the City of Palm Springs's mandate cost coordinator in all aspects of the work. 4. OUR PPOPOSED MAXIMUS TEAM The breadth and depth of our proposed MAXIMUS mandate cost reimbursement ',earn provides the City with the most qualified and experienced consultants . avallable to ensure the accuracy,completeness,and timeliness of all work. Critical to the success of any mandate claiming process is a dedicated team of seasoned professionals with the right experience to achieve the desired benefits ltis d0moit to and results—people who do not have to learn through experimentation on the job lmaglpe another and who have worked together on similar engagements to achieve sustainable team as gvaho as ours in terms off J results.IN S is committed to providing experienced,qualified staff to offering collecdvo ensure the success of this project.Our proposed team has extensive state mandate lndusirysdhjsct cost reimbursement experience, including data collection methods;training and matlerexpertlss, technical assistance,process improvement, claiming preparation and filing, and dlrecifycompamble project experience quality assurance(QA)of the claims. on-pnlnf legal This section presents our proposed project team. We are confident that the City acumen,andspecif e Process of Palm Springs will conclude that MAXTM[IS offers die best team to prepare lmprovementand and file its state mandate cost reimbursement claims.Our team,of highly fechnicalanalysis responsive,experienced,and exceptionally trained consultants work hard to skin& ensure the accuracy,completeness,appropriateness,and timeliness of our work.. 4.1 PROPOSED PROJECT TEAM The team that MAXDvfUS has assembled is uniquely qualified to successfully complete the comprehensive scope of services in this proposal.It is difficult to imagine that any other firm can provide a team of professionals as 4ualified as ours in terms of the program subject matter expertise,directly comparable project experience,and claiming process improvement and technical assistance skills that we offer. i PROPRIETARY 0 ity of Palm Springs Our project team is organized under the direction of the Project Manager and an experienced Consultant,as shown in Exhibit 4.1-1, The MAXDAUS team J includes the support of highly skilled claiming assistance staff,our legal staff, several indirect cost specialists,and an SE 90 Executive Director.Our Legal J' Staff,dedicated to state mandate issues,provides assistance with legislative interpretation,test claims, incorrect reductions,and audits,The team also j includes our SB 90 Executive Director who provides extensive experience in all facets of local government state mandate programs. mom I h I ' I r Exhl bit 4.14: MAXIM US proposed Project Team. Our project team is organized under the direction of the Project Manager and an experenced Consultant. 4,2 KEY PROJECT ROLES AND RESPONSIBILITIES Our project organization is based on the scope of services specked in this proposal,As seen in Exhibit 4.1-1,by defining our project team to the specific it needs of the City,we offer specialized personnel who have the applicable experience necessary to meet your spccif c needs. Project Manager:Steve Oppenhelm IvXr. Oppenheim is a Sr. Manager from our Sacramento office and will be responsible for ensuring the quality and timeliness of the project.His responsibility is to provide all necessary resources to make sure the project is successful.If needed,he will assist in the orientation and training sessions and support any desk reviews or field audits that may occur. Lead Consultant The Lead Consultant will oversee the daily work of the project team and ensure j that project implementation occurs on schedule and in accordance with all project requirements.The Lead Consultant has responsibility for coordinating the collection of all applicable data from the City,providing regular client communication,conducting on-site interviews,and preparing the claims.The consultant has direct experience in designing, developing,implementing,and managing local agency-mandated cost projects.In addition,the lead consultant C �I i' PROPRIETARY 10 ity of Palm Springs 'Y will maintain a high quality of client service,technical performance,and j commitment to the project, SB 90 Executive Director:Allan Burdick Mr.Burdick has exceptional experience working with local government stale mandate programs.He is valued and looked ppon by many in the state mandate cost community as the expert source of information on state mandate cost issues. Mr.Burdick has been involved in the state mandate cost practice since its inception over twenty-five years ago.Mr_Burdick will serve as a.general mandate specialist,with a special emphasis on new or upcoming mandates for Ferlyn Junio- Legal staff,,Juliana Gmur Our dedicated attorney is available to assist the Lead Consultant in reviewing any legal claiming interpretation issues and,if necessary,defending tlxe claims during desk reviews or field audits. Ms.Gmur is the Chief Legal Counsel for out Mandate Cost Consulting Practice. She has 12 years of legal experience,with the last four years specializing in the slate maadwe arena_ Claiming Assistance Staff To assist the Lead Consultant,we have a number of experienced state mandate cost consultants.The staff will assist the Lead Consultant ill the preparation and tiling of mandate costs claims. Indirect Cast OMB A-6T Specialist Manfred Endres K XIMUS is recognized nationally as the leader in governmental indirect cost consulting. With the State raising questions related to the eligibility and claiming of indirect costs,it is more important than ever to have the cxpertise of.senior, OMB A-87,indirect cost specialists.Mr.Endres has been involved in preparing .A-87 indirect cost programs for over 18 years, including negotiating issues on behalf of the State and local governments with the Federal A-87 managers responsible for advising the State of California on how to interpret A-87 questions. i 5. PROFESSIONAL FEES MAXIMUS provides the most comprehensive SB 90 service at a very competitive price. Given our resources and our consultant expertise, what we offer makes MAXIMUS the best value for the client's investment. This section outlines our fee structure and method of payment offered to the City of Palm Springs.Likewise,in order to better serve the City,MAYJMUS is If offering a two-year option agreement. I ' 5.1 FIXED FEE We propose to prepare and file the eligible fiscal year 2006-2007 actual cost reimbursement claims and eligible estimated 2007-2008 reimbursement claims for a fixed fee of five thousand two hundred dollars($5,200).This fee is inclusive of all professional fees and expenses. I V PROPRIETARY r City of Palm Springs 1 5.2 TWO-YEAR OPTION With a number of new claims forthcoming,die number of test olaims waiting to be heard,and several new anticipated test claim filings,the potential for reimbursement is increasing.For the City's benefit and convenience,we are ? offering a two-year sLrvice option.By choosing this option,we believe the City will benefit from our price offering. The two-year option is as follows: Fiscal Work Year A ctaal Cost Claims Estimated Claims Total Fee 2007-2008 2006.2007 2007-200.8 $5,200 2008-2009 2007-2009 2008-2009 $5,400 I 5.3 METHOD OF PAYMENT We propose the total fee to be invoiced in three installments,as follows: ■ Forty percent(40%)on September 30,2007 r Forty percent(40%)on December 31,2007 r Twenty percent(20%)on May 31,2008 We are happy to discuss and determine reasonable alternatives should the City desire an alternative arrangement. I 6. AssuMPTIO'NS The scope of work discussed in this proposal assumes the following_ ■ The collection of data and training will be accomplished by providing up to two(2)visits to the City, determined appropriate by the City mandate cost p coordinator. ■ The scope of work discussed in this proposal includes two hours of assistance with State Controller questions, State Controller desk audits, City claiming process analysis,and State Controller audit assistance.In the event of a deskTBVieW or field audit,we will provide this assistance during the fiscal year.Assistance may include, but is not limited to, answering State Controller questions,retrieving documentation,and participating in State Controller meeting(s). ■ The scope of work discussed in this proposal includes data collection and processing for up to two(2)new Mandate Programs for which claiming instructions are issued by the State Controllers Office prior to June 30,2008. in The scope of work discussed in this proposal assuroes the City will provide ALA XDvfUS with accurate and complete data for all annual claims at least 30 days prior to the State Controller's deadline. I I I PROPRIETARY 12 -e a <1 . r - 1 1 ��• ... .1 - - 1 1 11 r 1 e `.1T°�' :CF' °' (c/`�` -.1��,'�S:+�IIF�Ji_"�ekl''r' f,� 'I�I fAI, I'] "lr.l.�1'• E4:,r I.n';:::_ _ �.y'wI s r��.l)V'-•...J,3;�:•��a .. A:' __:i:;?+.�_�:i-�:n,�ik= d,'�,.,:4'-:�',.,.-�.__ L�6y,�,�yM1: .;!,�•, ..4.�pn.•';.,�jT;:— :'F.�7:�s,,e':y:�;.a,.{.may.. __ ..rV1ie":=^I:,'il'clr ii�llil.� �rnfr::J :'i':- re :.Y'i.' :�':� 1 r, •.J nw1%C(jl ;ri, lln;.�a'3r.rlrn `T'I{(l:r°j 2'11 (1�:I'[�rd'.�ijpi.r r . 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MORE SWITIP r • • r •r I/r II I II' EXHIBIT "B" I MSURANCE PROVISIONS Including Verification of Coverage, Sufficiency of Insurers, Errors and Omissions Coverage, Minimum Scope of Insurance, Deductibles and Self-Insured Retentions, and Severability of Interests (Separation of Insureds) 5076N,2 i Revised:2J09107 rusurance I Consultant shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form acceptable to City, public liability and property damage insurance against claims for injuries against persons or damages to property resulting from Consultant's negligent performance under this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extension thereof, and shall not be cancelable without thirty(30) days written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional insureds shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to indernnify City,its elected officials, officers, agents, employees, and volunteers. A. Minimum Scone of Insurance_ The miuirnum amount of insurance required hereunder shall be as follows: 1. Commercial general liability and personal injury with limits of at least one million dollars($1,000,000.00) combined single limit coverage per occurrence; 2_ mobile Iiabi�it�ce�vtthnns of at ,e ,,,c _ asklars F$1,000,0 r"r *Waived. I 3. Dre ..:...,,., liability fHFC r-aH(l-Htnnl,s Yr'ra6e "'•`irrmi'« r at dass8atneillien � dellar�($d 000,900 00jd�er oeeurrenc *Waived. 4. Workers' Compensation insurance in the statutory amount as required by the State of California and Employer's Liability Insurance with limits of at least one million dollars$1 million per occurrence. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City and its respective elecled officials, officers, employees, agents, and volunteers. ,Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it- For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation it may have against City, its elected officials,officers, employees, agents, and volunteers. B. Errors and Omissions Coverage. l€ Gtrnsul4atpx�vides—cl� , a e £Bfe nsuranee.-C G3 shffu--� e:0 - eIN __7,.Se tail iH5#f3Tlv^.. :'• '"-m-4ii2-'a:.av�39-�r0ePH6nt-t.,�:v'r'@r-%l-al��ktl3rto�2ar u-vi t}7E$0'^^7^+:.,,, r r�.......,xxtfsa=;Y-,dc�ribe••� aci `-c' �cint&iri- gee_•--c:ter-{�- professioaal liability-iRsurane"ov�itb the�an earxiec e eeluivalen* erage h anether eei pazx} -n theme—aziiv¢^t Censer' 'dam--��, n �a�-also-�e-requ�red-�s` de 50%6393 �� Revised=2109107 evi&44ee to City aFtha purehase ef ffi-erseltair tail i 5uranse<r e�x he�rofessicrr3al Iiab"' . * Waived. C. Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key hating of B-, Class VII, or better,unless otherwise acceptable to the City. D. Verification of Coverage. Consultant shall furnish City certificates of insurance evidencing all of the coverages required by this Agreement. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and reasonably approved by the City before work commences. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. E. 6 €dnsnred �teuti, AiRj debetible or s ,C: ...-e 1 cans Hnist be ae,.,. -ed .,. ....a appfe,,�e"ythe Gity. At-tl3e-o. . its:ar-tic zca-vf�Gial9�-6-f� , �, nt9, and veluFtE&Fs• „r, /"•,••span, �7,��1-preeHfe-a bB - Y�t00333 - 2j4n6n''�4 $E5—r'ki-cd- .z^iat@n-iBN,0•.«:,...,eT3s ,,,..:... E.,7.,.:,,:..t a�ifli3,—dA' defens�s: *Waived, I i T. Severability of Interests fSenarafion of Insureds). This insurance applies separately to each insured against whom claim is nnade or suit is brought except with respect to the limits of the insurer's liability on the General Liability and Auto Liability policies. 12 RevmEdc 2109107 507639.2