HomeMy WebLinkAboutA4212 - DMG MAXIMUS COST CLAIMING SVC • Contract Number: 99F-115
DMG-Maximus
Mandated Cost Claiming Svcs
Agreement to Provide AGREEMENT#3846 �a 1
Mandated Cost Claiming Services R445+6, CM signed 9-7-99
THIS AGREEMENT, entered into this % day of 1999 and
effective immediately by and between DMG-MAXIMUS (hereinafter "Consultant") and the City
of Palm Springs (hereinaf-ter "City"),
WHEREAS, Article XIIIB of the California State Constitution provides that cities may recover
costs associated with carrying out programs mandated by the State of California,
WHEREAS, the City desires to obtain maximum reimbursement for costs incurred in carrying
out State mandated programs, and has determined that engaging the Consultant to assist in the
mandated cost claim preparation process is the most economical and cost effective means for
preparing the City's state mandated cost claims; and
WHEREAS, the Consultant is staffed with persotmel knowledgeable and experienced in
determining the costs of governmental programs and in the submission of cost claims to the State
of California, and
WHEREAS, the City desires to engage the Consultant to assist in developing, submitting, and
negotiating cost claims pertaining to state mandated programs.
NOW, THEREFORE,the parties hereto mutually agree as follows:
I. Scope of Services
The Consultant shall prepare claims for reimbursable state mandated costs as provided
herein-
A. Annual State Mandated Cost Reimbursement Claims
The Consultant shall prepare and file applicable actual annual state mandated cost
reimbursement claims for the 1998-1999 fiscal year and estimated claim(s) for the 1999-
2000 fiscal year. The fiscal year 1998-1999 actual claiins 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, 2000.
B. All Other Claims for Which Claiming Instructions Are Issued in FY 1999-
2000
With the exception of the claims in Scope of Services LA, 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 1999-2000 fiscal year.
City of Patin Springs - 1 - August 30, 1999
• Contract Number: 99F-115
2. Consultant Claim Filing Renuirements
The Consultant shall file these claims to the extent that appropriate documentation is
available and verifiable and that claim amounts exceed $200 per claim.
3. Costs and Method of Compensation
A. Scope of Services I.A. -Annual State Mandated Cost Reimbursement Claims
For the services provided pursuant to Scope of Services I-A., the City agrees to
pay the Consultant upon submission of the claims to the State Controller, a fixed
fee of four thousand two hundred dollars ($ 4,200), The fixed fee shall be due
upon receipt of Consultant's invoice following submission of such claim(s).
B. Scope of Services Z.B. -All Other New Claims for Which Claiming
Instructions are Issued in FX 1999-2000
For the services provided pursuant to Scope of Services LB, the City agrees to
pay the Consultant a contingent fee of 30% of the amount claimed and paid, to a
maximum of two thousand seven hundred thirty dollars ($2,730). Payment shall
be made from monies actually received from the State resulting from the
Consultant's efforts. Monies received shall be defined as payments resulting from
the Consultant's filing of cost claims listed in Scope of Services 1.13.
In the event that the total amount of claims paid by the State is less than one
thousand six hundred sixty-seven dollars ($1,667), the City shall pay the
Consultant a fixed fee of five hundred dollars ($500).
The fee, which in no case shall exceed the maximum amount, is due within four
weeks of City receipt of reimbursement from the State.
4. Services and Materials to be Furnished by the City
The Consultant shall provide guidance to the City in determining the data required for
claims submission. The Consultant shall assume all data so provided to be correct. The
City further agrees to provide all specifically requested data, documentation and
information to the Consultant in a timely manner_ Consultant shall make its best effort to
file claims in a timely manner pursuant to Scope of Services. Consultant shall not be
liable for claims that cannot be filed as a result of inadequate data or data provided in an
untimely manner.
For purposes of this Agreement, data that is requested by the Consultant must be
provided within three weeks of the request, or three weeks prior to the filing deadline,
whichever would come first, to be deemed to have been received in a timely manner. It is
Ciry of Palm Springs -2 - August 30, 1999
• • Contract Number: 99F-115
the responsibility of the City to provide the Consultant with payment information upon
receipt of disbursements from the State for any and all claims filed pursuant to this
agreement.
5. Not Obligated to Third Parties
The City shall not be obligated or liable hereunder to any party other than the Consultant.
G. Consultant Liability if Audited
The Consultant will assume all financial and statistical information provided to the
Consultant by City employees or representatives is accurate and complete. Any
subsequent disallowance of funds paid to the City under the claims for whatever reason is
the sole responsibility of the City.
7. Indirect Costs
The cost claims to be submitted by the Consultant may consist of both direct and indirect
costs. The Consultant may either utilize the ten percent (10%) indirect cost rate allowed
by the State Controller or calculate a higher rate if City records support such a
calculation. The Consultant by this Agreement is not required to prepare a central service
cost allocation plan or departmental indirect cost rate proposals for the City.
8. Consultant Assistance if Audited
If audited, the Consultant shall make workpapers and other records available to the State
auditors. If requested by the City, the Consultant shall provide assistance to the City in
defending claims at the desk audit level if an audit results in a disallowance of at least
twenty percent (20%) or seven hundred fifty dollars ($750), whichever is greater_
Reductions of less than twenty percent (20%) or seven hundred fifty dollars ($750) shall
not be contested by the Consultant. Nothing in this section or any part of this Agreement
shall be construed to include Incorrect Reduction Claims preparation.
9. Insurance
Consultant shall acquire and maintain appropriate general liability insurance, workers'
compensation insurance, automobile insurance, and professional liability insurance.
10. Changes
The City may, from time to time, require changes in the scope of services of the
Consultant to be. performed hereunder. Such changes, which are nhutually agreed upon
by and between the City and the Consultant, shall be incorporated in written amendment
to this agreement.
City of Palm Springs - 3 - August 30, 1999
• • Contract Number: 99F-115
11. Termination of Agreement
If, through any cause, the Consultant shall fail to fulfill in a timely and proper manner its
obligation under this agreement, the City shall thereupon have the right to terminate this
agreement by giving written notice to the Consultant of such termination and specifying
the effective date thereof, at least five (5) days before the effective date of such
termination.
12. City_Contact Person
The City designates the following individual as contact person for this contract:
blame: 74W,I'S 14. �MW Telephone:�7Z0
Title_.D1eZ077?X 41F r=IWOeE t %i'2W5• Fax: C710 ) Szz _ g3�o
Address: �D, fox a7�f3 �fIL/y1 S�/i/NCS C'/� 7n 3
OFFER IS MADE 13Y CONSULTANT OFF + IS ACCEPTED Y CITY
Allan P. Burdick, Vice President ty fficial — C��-
DMG-MAXIMUS q
Date: August_30,_1999_ _ Date: — 117/! /
ATTES �a
CITY CLERK
APMOVE By THE CITY MMAGER
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City of Palm Springs -4 - Augusi 30, 1999
A CORDTR1'.. ' (. :.,. .,, DATe(MMIDDIY)
PRODUCER .� ■ , 4/03/00
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Insurance Ono, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
12,300 Twinbrook Parkway , ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
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(301) 984-5900 _ _ A Federal Insurance Co. _ 'd
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INDICATED,NOT W ITHSTANDINGANY REQUIREMENT,TERMORCONDITION OFANYCONTRACT OR OTHERDOCUMENT W ITHRESPECTTO W HICHTHIS
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
LTR DATE(MMIDDIYY) DATE(MMIDDIYY) LIMITS -
A GENERALLIABIWYY 35314297 4/01/00 4101/01 GENERAL AGGREGATE $ 2,000,000
X COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG 8 2,000,000__
CLAIMS MADE OCCUR PERSONAL & ADV INJURY S 1,000,000
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ _ 1,000,000
•_, FIRE DAMAGE(Any one fire) S 1,000,000
WED EXP (Any one person) S 10.000
B AUTOMOBILE LIABILITY PTS481800 4/01/00 4/01/01
COMBINED SINGLE LIMIT $
X ANY AUTO 1,000,000
ALL OWNED AUTOS BODILY INJURY
SCHCDUUED AUTOS (Per Peron) S
X HIRED AUTOS BODILY INJURY
X
NON-OWNED AUTOS (Per accidenp S
PROPERTY DAMAGE g
hGARAGELIABIUTY AUTO ONLY • EA ACCIDENT S
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE 5
A EXCESS LIABILITY 79770565 4/01100 4101101 EACH OCCURRENCE $
20,000,000
X UMBRELLA FORM AGGREGATE 5 20.000,000
OTHER THAN UMBRELLA FORM $
g WORKERS COMPENSATION AND RTC181802 4l01l00 4/01/O1 'X NC-STATU• -- --UTI I- -
EMPLOVERS•LIABILITY IMII
EL EACH ACC13ENT $ 7,000,000
THE PROPRIETOR/ INCL "
PARTNERS/EXECUTIVE 6L DISEASE-POLICY LIMIT $ 1,000,ODD
OFFICERS ARE ExCL EL CISEASE•EA EMPLOYEE S 1.000,000
OTHER
C Consultants Llability 79108398 5101/00 5/O1/01 $20,000,000 per wrongful act
(Professional Ll ability) CLAIMS MADE S20,000,000 aggregate
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS
RE: Cost Claiming Service A3046- Certificate holder is additional insured, ATIMA, with regard to general liability-
CERTIFICATECANE '' N+`., d %f Gr'?i," ''' n' it"�:77777
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SHOULD ANY OF THE•ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Palm Springs EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL 04909VABOFAX,(AIL
Attn.:City Clark 30 DAYS WRITTEN NOTICETO THE CERTIFICATE HOLDER NAMEDTOTHELEFT,
P.O. Box 2743 1N2D8MXMIIX)MXMMK)NONtX IDpyy9{%INpL9[I[RXifX)RM)I9gXIHIK%N1(KMIRKIfX%%
Palm Springs, CA 92263-2743 Oh(AUTHORIXIRX) �i4lp�(�XrT%ITA1Fj( XXFRX (XljNX `A5(4(.
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CERTIFICATE: DO6/001/ 00152
AC111R 04/03/0
11e CERTIFICA OF INSURANCE ° 03/0°YY'
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PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
MARSH USA INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
125523rd STREET,NW HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
SUITE 400 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
WASHINGTON, DC 20037 COMPANIES AFFORDING COVER
Attn:PATTY M UN IZ-T-202-253-7769R�-U
COMPANY Sq
500625-MAXIM-GAUWP-2001 A FEDERAL INSURANCE CO ,1� �`
INSURED COMPANY
MAXIMUS. INC.AND ALL SUBSIDIARIES B ROYAL INDEMNITY CO
11419 SUNSET HILLS ROAD
RESTON,VA 20190 COMPANY
COMPANY
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COVERAGES This certificate supersedes and replaces any previously Issued certificate. 3
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY RCOUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE 155UE0 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 POLICY EFFECTIVE POLICY EXPIRATION
LTR DATE(MMIDDIYY) DATE(MMIDDIYY) LIMITS
GENERAL LIABILITY ��—
GENERAL AGGREGATE S 2,000,000
A X COMMERCIAL GENERAL LIABILITY 3537.42-97 04/01/02 04/01/03 PRODUCTS-COMP/OP AGG a 2.000,000
CLAIMS MADE OCCUR PERSONAL&ADV INJURY 1,000,000
OWNER'S&CON rRACTORS PROT EACH OCCURRENCE S 1,000,000
FIRE DAMAGE(Any one rrc) S 1 000,000
MED EXP(Any one Person) 10,000
AUTOMOBILE LIABILITY
11000,000$
A ANY auto 3537-42.97 04l01l02 04/01/03 COMBINED SINGLE LIMIT'
X ALL OWNED AUTOS BODILY INJURY
_ SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY
X (Ppr occident) a
NON.OWNED AUTOS
PROPERTY DAMAGE
GARAGE LIABILITY AUTO ONLY•FA ACCIDENT 3
ANY AUTO 01 HER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE S
EXCESS LIABILITY
EACH OCCURRENCE S 5,000,000
A X UMBRELLA FORM 7977-05-65 04/01/02 04/01/03 AGGREGATE u 5,000'000
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS'UABILITY X TSTATUTORY LIM118
jr - -- - RTO-465-555 - - 04/01/02 —04/01/03-- EACH ACCIDENT - 8 - -1,000,000
TI-E PROPRIETOR/ X INCL DISEASE•pOLICY LIMIT $ 1,000,000
PARTNERSIEXECUTIVE
OFFICERSARE EXCL DISEASE-EACH EMPLOYEE $ 1.000,000
OTHER
❑ESCRIPTION OF OPERATIONSILO CATIONSIVE H IC LESISP ECIAL ITEMS LIMITS MAY HAVE BEEN REDUCED BY PAID CLAIMS AND MAY HAVE DEDUCTIBLES OR RETENTIONS.
E: EXECUTIVE SEARCH-CITY MANAGER;CITY OF PALM SPRINGS,CA,ITS OFFICERS,EMPLOYEES AND AGENTS ARE INCLUDED AS
ODITIONAL INSUREDS WITH REGARD TO GENERAL LIABILITY A.T.I.M.A.
CERTIFICATE HOLDER CLF-000461998-00 CANCELLATION '
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAN
CELLED BEFORE THE
CITY OF PALM SPRINGS EXPIRATION DATE THEREOF,THE INSURANCE COMPANY WILL ENDEAVOR TO MAIL
C!0 MR.DALLAS FLICEK 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
INTERIM CITY MANAGER P.O.BOX 2743 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
PALM SPRINGS,CA 92263 ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES
XHXNX�� MARSH
SoottA Dean
ACORD 25.5 3/93 - ACORD CORPORATION 1993