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HomeMy WebLinkAboutA4313 - DMG MAXIMUS CLAIM PREPARATION DMG Maximus Claim Preparation AGREEMENT #4313 M06751, 11-15-00 CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR DMG MAXIMUS (SHORT FORM) THIS CONTRACT SERVICES AGREEMENT (herein "Agreement') is made and entered into this 6th day of December, 2000, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City") and DMG Maximus (herein "Contractor"). (The term Contractor includes professionals performing in a consulting capacity). 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$7,200 Dollars ("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 tl, -1- 3.1 Representative of Contractor. Terry Birgel 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. 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 AND INDEMNIFICATION 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) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either (i) a combined single limit of $1,000,000.00 or (ii) bodily injury limits of $500,000.00 per person, $1,000,000.00 per occurrence and $1,000,000.00 products and completed operations and property damage limits of $500,000.00 per occurrence. If the Contract Sum is greater than $500,000.00, the policy of insurance shall be in an amount not less than $5,000,000.00 combined single limit. (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 shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. -2- (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $500,000.00 per person and $1,000,000.00 per occurrence and property damage liability limits of $250,000.00 per occurrence and $500,000.00 in the aggregate or (H) combined single limit liability of $1,000,000.00. Said policy shall include coverage for owned, non owned, leased and hired cars. (d) Additional Insurance: Policies of such othere insurance, including Professional Liability Insurance, as may be required in the Scope of Services, Exhibit „A", All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insured, except that the insurance shall not be primary nor shall the City be named as an additional insured for the Worker's Compensation Insurance nor the Professional Liability 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. The Contractor's General Liability and auto policies of insurance shall provide that said insurance may not be amended as it affects the City or canceled without providing thirty (30) days prior written notice by mail to the City. The certificate of insurance shall provide that all insurance will not be cancelled or amended as it affects the City without providing 30 days written notice to the City by regular mail. 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 persons for which the Contractor is otherwise responsible. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the City Manager or designee of the City due to unique circumstances. 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, including paying any legal costs, attorneys fees, or paying any judgment (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of the negligent performance of the work or services by 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 -3- negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, but excluding such claims or liabilities to the extent caused by the negligence or willful misconduct of the City. 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, 2001. 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 and actual expenses incurred 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 Nonliability 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 -4- 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. In the event of notice by mail, notice shall be deemed received five (5) days after mailing. 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 Authority. 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. -5- JAN-05-01 FRI 15:20 CITY OF PS FINANCE FAX NO, 760 322 8320 P, 06 - IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. ATTEST: CITY OF PALM SPRINGS, a municipal corporation f� City Clerk Cit Mana erc— Y S � (Check one:—Individual_Partnership _Corporation (Corporations require two signatures: CON7Oi3;. One from each of the following: A. Chairman of Board, President,any B . Vice President AND B. Secretary, P� ignatuleD otarized) `— - Assistant Secretary,Treasurer, Assistant Treasurer,or Chief Financial Officer). Pr t Name&TRie gnatul (Notarized) l� -A AMP�- 'I� � lS VA V.C- Phi t Nam & tte ,pP ROV C2i ®RF fu / PAd/ttit Mailing Address:zl 2):%1 y uc b°)LVf ��G ttoirtre)P Ar,�Q, r ems) O—fs, Otte (End of Signatures) k Tj [�fU`i5 Ln CCU `TG;IE 01��1� -6- EXHIBIT "A" SCOPE OF SERVICES 1. SCOPE OF SERVICES The Consultant shall prepare claims for reimbursable state mandated costs as provided herein. A. Annual State Mandated Cost Reimbursement Claims The Consultant shall prepare and file applicable actual annual state mandated cast reimbursement claims for the 1999-2000 fiscal year and estimated claims for the 2000- 2001 fiscal year. The fiscal year 1999-2000 actual claims to be filed are claims that are included in the State Controller's Claiming Instructions that provide for timely filed claims to be submitted by January 15, 2001. B. All Other Claims for Which Claiming Instructions Are Issued in FY 2000-2001 With the exception of the claims in Scope of Services 1.A above, the Consultant shall prepare, submit and file on the City's behalf, all other eligible actual and estimated state mandated cost reimbursement claims for which State Controller Claiming Instructions are issued in the 2000-2001 fiscal year. 2. CONSULTANT CLAIM FILING REQUIREMENTS The Consultant shall file these claims to the extent that appropriate documentation is available and verifiable and that claim amounts exceed $200 per claim. EXHIBIT "B" SPECIAL REQUIREMENTS 1. COST AND METHOD OF COMPENSATION A. Scope of Services 1.A. -Annual State Mandated Cost Reimbursement Claims For the services provided pursuant to Scope of Services 1.A., the City agrees to pay the Consultant upon submission of the claims to the State Controller, a fixed fee of four thousand three hundred fifty dollars ($4,350). The fixed fee shall be due upon receipt of Consultant's invoice following submission of such claim(s). B. Scope of Service 1.B. -All Other New Claims for Which Claiming Instructions are Issued in FY 2000-2001 For the services provided pursuant to Scope of Services 1.b., the City agrees to pay the Consultant upon submission of the claims to the State Controller, a fixed fee of two thousand eight hundred fifty dollars ($2,850). The fixed fee shall be due upon receipt of Consultant's invoice following submission of such claim(s). CALIFORNIA ALL-PURPOSE 14CKNOWLEDGMENT No.5907 i>. � State of �� �t �Ili C� County of an r On Ggfy before me, K(tr)Cy 1,,,ee DATE NAME,TITLE OF OFFICER-E.G,'JANE DOE,NOTA YPUBLIC" personally appeared ���� / / r ��S NAM E(3)OF SIGNER(s) 101�personally known to me - OR - ❑ to be the person(4 whose nameV) is/&Fe subscribed to the within instrument and ac- knowledged to me that hem executed I.. the same in his/ tee4 authorized NANCYLEEENDRES capacity(•ies), and that by his/;,-�t,z'ir2r'r commission tvosot signature(g) on the instrument the person(s4 z,.-�.� - Notary Public-California > Z "- Sacramento county or the entity upon behalf of which the - My comm.Expires Feb 4,2002 person(X) acted, executed the instrument. WITNESS my hand and official seal. 1 0 U SIGNATURE OF NOTARY ) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent - �,;� fraudulent reattachment of this form. vr CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ) ❑ NDIVIDUAL n - /y CORPORATEOFFICER ��ano i%oyf w1 i,Ir Vice-, lore�lc(e)y)f t r r^�./ TITLE OR TYPE OF DOCUME4T 0 TITLE(S) V p ❑ PARTNER(S) ❑ LIMITED � "� ❑ GENERAL 1 , ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ) ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: e(C_ G i vZUUC� DATE OF DOCUMENT I' 0 tI , ClevK SIGNER IS REPRESENTING: CDY) Iycv� c, MIp�'J�t",t'fo-4-ur _ NAME OF PERSONS)OR ENTITY(IES) / `rV �XfIl p � i�C�LU,♦'�I �I IG n x II� ,aS SI NER(SS))OTHER THAN AMED ABOVE ©1993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O Box 7184-Canoga Park,CA 91309-7184 STATE OF ILLINOIS COUNTY OF COOK I, the undersigned, a Notary Public in and for said County, in the aforesaid, do hereby certify that Janet Harris Wolf, Assistant Corporate Secretary, personally known to me to be the same person(s) whose name(s) subscribed to the foregoing instrument, appeared before me in person this day, January 17, 2001 and acknowledged, signed, sealed and delivered the said instrument as a free and voluntary act, for the uses and purposes therein set forth. Notary Public in an for the State of Illinois My commission expires February 6, 2001 OFFICIAL SEAL JEANNE J. MONACO NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 2-6-2001 /k/CORDv ` SATE IY(MMIDDY) ? /7V 1M IF+I �IA n:.. ..: . .: 4/24/00 PRODUCER' "' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance One, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 12300 Twlnbrook Parkway ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Suite 550 COMPANIES AFFORDING COVERAGE Rockville MO 20852 COMPANY (301) 984-5900 A Federal Insurance Co. INSURED COMPANY OMB-MAXIMUS, Inc. B Ro al 6 SunAI l lance 530 Dundee Road, Suite 200 COMPANY Northbrook, IL 60062 C Chubb Custom Insurance Co. %' y�Z� COMPANY _TJ ✓ 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,NOTWITHSTANDINGANYREOUIREMENT,TERMORCONDITION OF ANY CONTRACTOR OTHER DOCUMENTWITHRESPECT TO WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, CO TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE POLICY EXPIRATION LIMITS LTA DATE(MMIODIYY) DATE(rAMICDIYY) A GENERAL LIABILITY 35374297 4/01/00 4/01/01 GENERAL AGGREGATE 4 2,000,000 X COMMERCIAL GENERALLIABILITY PRODUCTS-COMP/OP AGG $ 2,000,000 CLAIMS MADE a] OCCUR PERSONAL A ADV INJURY $ 1,000,0130 OWNER'S A CONTRACTOR'S PROT EACH OCCURRENCE $ l,a0a,aaa FIRE DAMAGE(Any one fire) 4 1,000,000 MED EX? (Any one person) S 10,000 B AUTOMOBILE LIABILITY PTS461800 4/01/00 4/01101 COMBINED SINGLE LIMIT S X ANY AUTO 1,000,000 ALL OWNED AUTOS BOOILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT S ANY AUTO OTHER THAN AUTO ONLY: EACH ACCIDENT 4 AGGREGATE $ A EXCESS LIABILITY 79110555 4/01/00 4/01/01 EACH OCCURRENCE $ 20,000,000 X UMBRELLA FORM AGGREGATE $ 20,000,000 OTHER THAN UMBRELLA FORM $ B WORKERS COMPENSATION AND RTC461802 4/01)00 4101101 X WC STATU- OTH- EMPLOYEIIS'LIABILITY OR E EL EACH ACCIDENT $ 1,000,000 THE PROPRIETOR/ INCL' EL DISEASE-POLICY LIMIT $ 11000,000 PARTNERS/EXECUTIVE OFFICERS ARE: I H IEXCL EL DISEASE-EA EMPLOYEE $ 1,000,000 OTHER C Consultants Liability 19488398 5101/00 5/01/01 $20,000,000 per wrongful act (Professional Liability) CLAIMS MADE $20,000,000 aggregate DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS RE: Cost Claiming Service A3046. Certificate holder is additional insured, ATIMA, with regard to general liability. `GEgT3FI ,kT ::F$ICI,pER. :' I al. AHf,. 41„ftTti©N .. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Palm Springs EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ERAWRPA1MXlp(%JIAIL Attn.:City Clerk 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMEDTO THE LEFT, P.O. Box 2743 M)OIOWMKK111LX00( 7lMKXN7QHIaKpIRRXMIBWXIMOtA71RXKXXM{X91NxKNX%Kf(KMWIKN)i)(X Palm Springs, CA 92263-2743 �1(M ()fXII1X)♦lf1IX)TX!R(%IlR IITA(%%:Lt1SPAXRIIX )�A3( AUTHORIZED REPRESENTAATIVE ' )f ILK CERTIFICATE: 006/001/ 00152