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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 ON lO' 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. Suite 550 COMPANIES AFFORDING CO V Reckvi I le MD 20552 -` COMPANY �bF FA s (301) 984-5900 _ _ A Federal Insurance Co. _ 'd INSua[O % COMPANY- 0MG-NAXIMUS Inc- B R & S �i /Nye Royal unlianca 1.. APR 10 630 Dundee 2wU(I , � /' I Road, Suite 200 I COMPANY tC&jvE0 Northbrook, IL 60062 C. Chubb Custom Insurance Cc, COMPANY D TWISIS70CERTIFYTHA,, .• ,' ' ;'��' 11\\' '.:I�; ;�` '� ' '�'1��71,:'��:��� :�("':f ''i l�l'�`I;i'-i�"�('I�I����:'S;,:� (',';' P'� ' (`j :f:,',`�� Li'+: TTHE POLICIES OF INSUI'AnCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 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 G C LN t17H) 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(. P� E� V I � ,f/ ,, rv ... ./ r..:..<. r., ;, ALK ... . QIACKI�t ':CMPORATION 1968 CERTIFICATE: DO6/001/ 00152 AC111R 04/03/0 11e CERTIFICA OF INSURANCE ° 03/0°YY' 2 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 D r 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