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HomeMy WebLinkAbout04735 - DMG MAXIMUS SB90 STATE MANDATED CLAIMING SVCS Maximus, Inc. Claim Svcs AGREEMENT #4735 CM signed 7-21-03 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR RENEWING CALIFORNIA STATE MANDATED COST CLAIMING SERVICES THIS CONTR�5CT SERVICES AGREEMENT (herein _Agreement_) is made and entered into thisJ' day of �2/so by and between the CITY OF PALM SPRINGS, a municip corpo ation (herein "City") and MAXIMUS, INC. (herein "Contractor"). NOW, THEREFORE, the parties hereto agree as follows: 1.0 SERVICES OF CONTRACTOR 1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit A and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction. 1.3 Licenses, Permits, Fees and Assessments. Contractor 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. 2.0 COMPENSATION 2.1 Contract Sum. For the services rendered pursuant to this Agreement, Contractor shall be compensated in accordance with the "Schedule of Compensation" attached hereto as Exhibit B and incorporated herein by this reference, but not exceeding the maximum contract amount of Eighty Four Hundred Dollars ($8,400.00 ) ("Contract Sum"). 2.2 Method of Payment. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid as outlined in Exhibit "B", Schedule of Compensation. 3.0 COORDINATION OF WORK 3.1 Representative of Contractor. Allen Burdick is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3.2 Contract Officer. Director of Finance, Thomas M. Kanarr is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer"). The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3.3 Prohibition Against Subcontracting or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. 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. Any such prohibited assignment or transfer shall be void. 3.4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor 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. 4.0 INSURANCE, INDEMNIFICATION AND BONDS 4.1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Commercial General Liability Insurance, A policy of commercial general liability insurance written on a per occurrence basis with a combined single limit of a least $1,000,000 bodily iniury and property damage including coverages for contractual liability, personal injury independent contractors broadform property damage, products and completed operations The General Liability Policy shall name the City of Palm Springs its officers, employees and agents as additional insured in accordance with standard ISO additional insured endorsement form CG2010(1185) or equivalent language. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which will include $1,000,000 employer's liability. (c) Business Automobile Insurance. A policy of business automobile liability insurance written on a per occurrence basis with a single limit liability in the amount of$1,000,000 bodily injury and property damage, Said policy shall include coverage for owned, non-owned, leased and hired cars. (d) Additional Insurance. Policies of such other insurance, including professional liability insurance in a minimal amount of$1,000,000 if contract has professional liability exposure, as may be required in the Special Requirements. All of the above policies of insurance shall be primary insurance. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents, and their respective insurers. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4.1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The contractor agrees that the provisions of this Section 4.1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or person for which the Contractor is otherwise responsible. In the event the Contractor subcontracts any portion of the work in compliance with Section 3.3 of this Agreement the contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same polices of insurance that the Contractor is required to maintain pursuant to this Section. 4.2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, (herein claims or liabilities_) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, whether or not there is concurrent passive or active negligence on the part of the City, its officers, agents or employees but excluding such claims or liabilities arising from the sole negligence or willful misconduct of the City, its officers, agents or employees, who are directly responsible to the City, and in connection therewith: (a) Contractor will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys' fees incurred in connection therewith; (b) Contractor will promptly pay any judgment rendered against the City, its officers, agents or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations or activities of Contractor hereunder; and Contractor agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Contractor for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Contractor hereunder, Contractor agrees to pay to the City, its officers, agents or employees, any and all costs and expenses incurred by the City, its officers, agents or employees in such action or proceeding, including but not limited to, legal costs and attorneys' fees. 5,0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.2 below, this Agreement shall continue in full force until June 30, 2004. 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty(30) days'written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. in the event of termination by the City, Contractor shall be entitled to compensation for all services rendered prior to the effectiveness of the notice of termination and for such additional services specifically authorized by the Contract Officer and City shall be entitled to reimbursement for any compensation paid in excess of the services rendered. 6.0 MISCELLANEOUS 6.1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 6.3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 6.4 Notice. Any notice, demand, request, document, 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 prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743, Palm Springs, California 92263, and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 6.6 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6.8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. 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. 6.9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 6.10 Corporate Author. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. T-T€ T. By City Clerk -iIA(Ibz CITY OF PALM SPRINGS, a( municipal corporation D g R By Co VJna er Agreement o*&-/under $25,000 Reviewed and approved by G1« =3'4 '� Procurement & Contracting .� Initials -Date 21 % Y7 5- P.O. Nuinbei CONTRACTOR: Check one:_Individual_PartnershipXCorporation Corporations require two notarized signatures: One from each of the following: A. Chairman of Board,President,or any Vice President:AND B.Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer). By Signature (notarized) d y Signature (notarized) Nam ee- e �lL=7 �zar �✓� c /= Name: �!JAVIJ �. FIZA/1jC�s Title:G rc 2 s r r n'� Title: State of_&Aya1 l State of 1j P_f'r�tj A,,}I Countyof !r/Y/PI �ss County of_fA-t�r.�x ss On_�Ot'�Ic fore me, {�h2�Gi On Z r7 03 before me-r,�1'Ilr°r+s I�ipst l/a=1 td i'1 s�o=; personally appeared ���an ,ai�y/l/�,�, personally appeared r/{�V I� L, F1�Q'Ij personally known to me (or proved to me on the basis of personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nome(s) satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and is/are subscribed to the within instrument and acknowledged tome that he/she/they executed the same acknowledged tome that he/she/they executed the some in his/her/their authorized capaclty(ies), and that by in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, the entity upon behalf of which the person(s) acted, executed the instrument. executed the instrument. WITNESS my hand and official seal. WITNESS my hand and official l. tfficial sea Notary Signature: Notary Signature:jl'yhU"2" No Seal: Notary Seal: OFFICIAL SEAL " OW R 1fCNIAo,13n717380 z - — < m `�t+ ��yy Ca,rr�ukm .25 2006 }V IAA Al UlIJ 11J A1�117Tii�11ninu� I EXHIBIT "A" SCOPE OF SERVICES Contractor will prepare and file all City of Palm Springs eligible claims for fiscal year 2002- 2003. Eligible claims are either annual claims or new (first-time) claims. Late or amended claims may also be eligible. More specifically, this includes: • Annual Claims The Annual Claims for the 2003-2004 fiscal year are those existing fiscal year 2002- 2003 actual cost reimbursement claims that will be due on January 15, 2004, • New or First-Time Claims Contractor will prepare all new or first-time claims approved by the Commission on State Mandates for which the Controller issues claiming instructions in the 2003-2004 fiscal year. Claiming instructions for new claims can be issued any time during the fiscal year. A local agency has 120 days from the date the State Controller issues claiming instructions to file these claims. It is likely that the State will approve five to eight new City test claims next fiscal year and the City of Palm Springs can file claims on all of those where it has incurred over$1,000 in costs. • Late or Amended Claims In the event the City discovers it had costs that were not claimed for the 2001-2002 fiscal year, if can still file either a late or amended claim depending on the situation for up to one year after the deadline for timely filed claims. If, for some reason, the City should need to file such a claim, Contractor will prepare those claims. CLAIM PREPARATION AND FILING Contractor will provide City with the following claim preparation services: • Comprehensive Planning & Coordination Contractor will work with the City's designated staff to develop a customized project plan to complete the annual claims, new or first-time claims and, where applicable, any late or amended claims. Contractor will work with the City to update mutually agreed upon plan as new claiming opportunities arise. • Collect Program Data and Indirect Cost Data From Departments Contractor will collect required program data from the appropriate departments; identify the administrative and support personnel that should be included in each department's indirect cost rate proposal. Data will be collected primarily through on- site interviews supplemented by questionnaires and data collection instruments. In some cases this step may be completed with one visit to the department, while in other cases it may take multiple visits or correspondence to obtain all necessary data. • Collect Expenditure and Compensation Data Contractor shall gather all necessary expenditure and employee compensation data needed to prepare and support the claims. • Communicate Preparation Status Contractor will maintain on-going communications throughout the entire year. The lead consultant will discuss any issues that need to be jointly addressed and develop a proposed approach for their resolution. • Prepare Claims Claims will be prepared by Contractor as the required data becomes available. Each claim shall include: completed State claim forms; departmental indirect cost rate proposals (ICP); as well as all documentation needed to support the claim. Claims will be submitted to the SB 90 Coordinator for review and signature. • File Claims Signed claims will be hand delivered to the State by Contractorwith a declaration of service. A signed receipt will be obtained from a representative of the State Controller's Office and a copy forwarded to the City. Copies of all filed claims, ICRP's and other attachments required by the State will also be forwarded to the City. • On-Going Support, Process Improvement and Audit Assistance After the claims are filed, Contractor will provide the City with the following: • Communication with the SB 90 Coordinator regarding past issues and recommendations to improve the process. • Responses to State Controller desk audit inquiries and assistance in the event of a field audit of the City's claims • Periodic status reports on claims filed,State payments, new test claims and other related information. EXHIBIT "B" SCHEDULE OF COMPENSATION Professional Fees FIXED FEE Contractor will prepare and file all fiscal year 2002-2003 state mandate cost reimbursement claims and new claims for which claiming instructions are issued in fiscal year 2003-2004 for a fixed fee of eight thousand four hundred dollars ($8,400.00). Fee to be billed in four equal installments: September 2003, December 2003, March 2004 and June 2004. Any other service performed by Contractor outside the Scope of Services described in Exhibit"A" above will be negotiated •••l•-•a•• .- ' `' „L '" DATE(MM?DD(Y)�ACO—RD G, Gpof 1 07/10103 ;��ooucER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MARSH USA INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 126523rd STREET,NW HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR SUITE 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. WASHINGTON, DC 20037 LCOMPANIES AFFORDING COVERAGE Attn' PATTYMUNIZ 2022637600 I` COMPANY 5'J0625-0PROF-ONLY- A FEDERAL INSURANCE CO MAXIMUS,INC„AND ALL SUBSIDIARIES B ATLANTIC MUTUAL INSURANCE COMPANY 11419 SUNSET HILLS ROAD ! RESTON, VA 20190 corn=IwV C EXECUTIVE RISKSPECIALTY INS CO coggPnvY D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTMTHSTANDING ANY REQUIREMENT, TERM OR CCtNDIT7CN OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BYPAID CLAIMS. `C NPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS '.TRI DATE(M MMOW DATE(m mloD/YY) GENERAL LIABILITY GENERAL AGGREGATE $ 2,000,000 F__ „ IX ' coMMERaaL GENERAL LABILITY 3537-42-97 04107103 0410i/04 PRooucrs-coenww ACG $ ?000,000 Cl AIMSMADE X1OCCUR PERSONAL&ADVINJURV $ 1.000,000 OVVPR'S&CONTRACTOR'SPROT EACH OCCURRENCE $__ 1,000,000 FIRE DAMAGE(Myanefve) $ 1,1700,000 MED EXP APYm.P.r ) $ 10,000 AUTOMOBILE LIADILITY COMBINED SINGLE LIMIT $ 1,000,000 MY ALTO 74978992(AOS) 104/01aO3 04/01/04 A X ALL MANED AUTOS 74978993(TX) 04/01/03 04/01/04 BODU.VINJURY $ SCHEDULED AUTOS 74978994(VA) 104/01103 04101/04 X` HIRED AUTOS BODILVINJURV $ IX N06'-(]0NVED AUTOS 1 (Pa-avcitlm[) PROPERTYDAMAGE $ I GARAGE LIABILITY ! I ALTO ONLY_EA ACCIDENT $ j�ANY AUTO OTHER THAN AUTOONLY max- _J EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILIN EACH OCCURRENCE $ S,000,000 A, X� UMBRELLAFORM 7977-OS-65 04/01/03 i04101104 AGGREGATE $ 5,000,000 OTHER THAN'UMBRELLA FORM $ WORKE RS CON PEN SATION AND WC STATU- OTH4 EM PLOYERS'LIABILIN X TORV LIMITS ER 400-53-13-82 (OR,WI) C14/01103 04/01/04 EACH ACCIDENT $ 1000000 R THE PROPRIETORI � INCL 400.53-13-83 (ACE) 04/01/03 04101/04 DISEASE-POLICY LIMIT $ 1,000,000 PARTNERSIEXEC'JTIVE OFFICERS ARE EXCL DISEASE-EACH EMPLOYEE $ 1,000,00U OTHER PROFESSIONAL LIAR 8165-7146 65101/03 05/O1/04 1,000,000 -:;FSCRIPTION OF OPERATIONSILOCATIONSIVEHICLE&SPECIAL ITEMS (:11Y OF PALM SPRINGS IS INCLUDED AS AN ADDITIONAL INSURED WITH REGARD TO GENERAL LIABILITY AS REQUIRED BY CDNTRACT WITH 'f ICE NAMED INSURED '-RT1F.1F`xATE 3d�LDE:',R 1 ��ix CtEXiOs348'3322H3XAI�S.`E 'sb'S`3QA: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE INSURANCE COMPANY WILL ENDEAVOR TO MAIL CITY OF PALM SPRINGS 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ATTN. PATRICIA A.SANDERS --- OFFICE OF THE CITY CLERK BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF P.O. BOX 2743 ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. PALM SPRINGS,CA 92263-2743 ANxxmrxasvmFareGHexlamrx INC. r� ' Tmothy M Sayer c's. ;. .�. Nam...._:, . ,aY �:.. :.' L .,�',w..�; :.,•.;:c`> „r ,,c .--- S ,�.,.A. cRb°CORE9RA1'IOAL 956St DAW(AMIDOW) 07/10/0 3" COMPANIES AFFORDING COVERAGE MARSH USA INC. 1255 23rd STREET, NVV SUITE 400 E WASHINGTON DC 20037 Attin PATTYMUNIZ 2022637600 -700625-OPROF-DNLY- 0 SURED GUIPPply MAXIMUS, INC ,AND ALL SUBSIDIARIES G 11419 SUNSET HILLS ROAD RESTON, VA 20190 coma aNy H NSURED MAXIMUS,INC,AND ALL SUBSIDIARIES POLICY NUMBER:3637-42-97 COMMERCIAL GENERAL LIABILITY CGL FORM#80 02 2305(EQUIVALENT TO COIL FORM#CG 20 10 03 97) EFFECTIVE/EXPIRATION DATES. 4/1/03-4/VO4 NAME OF COMPANY: FEDERAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ!]-CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-SCHEDULED PERSON OR ORGANIZATION ?his endorsement modifies insurance provided under the follaving COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization' CITY OF PALM SPRINGS, ITS CITY COUNCIL,COMMISSIONS,OFFICERS AND EMPLOYEES (line entry appears above,information required to complete this endarsementwill be shown in the Dedarahons as applicable to this endorsement.) dVho Is An Insured(Section 11)is amended to include as an insured the person or organization shown in the Schedule,but only with respect to liability arising out of your ongoing operations performed for that insured. The coverage provided by this endorsement is primary nwranoe over any other insurance CITY DF PALM SPRINGS A17N PATRICIA A.SANDERS OFFICE OF THE CITY CLERK P.0 BOX 2743 PALM SPRINGS, CA 92263-2743 klA.SH ISAINC.BY Timothy M. Sass e I