HomeMy WebLinkAboutCC Resolution 10869 (Claims Processing)RESOLUTION NO. 10869
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN RAFAEL AUTHORIZING THE EXECUTION OF A
RENEWAL OF AN AGREEMENT BETWEEN THE CITY OF
SAN RAFAEL AND DMG - MAXIMUS FOR PROCESSING
CLAIMS FOR MANDATED COST REIMBURSEMENT.
(JULY 1, 2001 THROUGH JUNE 30, 2003)
The City Council of the City of San Rafael resolves as follows:
The Mayor and City Clerk are authorized to execute, on behalf of the City of San Rafael,
a contract, lease or agreement with DMG - Maximus for Processinq Claims for
Mandated Costs (July 1, 2001 through June 30, 2003) , a copy of which is hereby
attached and by this reference made a part hereof.
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the
foregoing resolution was duly and regularly introduced and adopted at a regular meeting
of the City Council of said City held on Mondav the 2nd day of Jam, 2001, by the following
vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
JEA E M. LEONCINI, City Clerk
AGREEMENT
With
DMG-MAXIMUS For
Processing Mandated Costs
This Agreement is made and entered into this 2°a day of _JULY_, 2001,
by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and DMG-MAXIMUS.
(hereinafter "CONTRACTOR").
RECITALS
WHEREAS, CONTRACTOR has the experience and knowledge to process municipal
claims to the State for mandated cost reimbursement; and,
WHEREAS, the City desires to retain the services of CONTRACTOR to process City's
claims to the State for mandated cost reimbursement;
AGREEMENT
NOW, THEREFORE, the parties hereby agree as follows:
1. PROJECT COORDINATION.
A. CITY. The Assistant City Manager shall be the representative of the CITY
for all purposes under this Agreement. The Assistant Director of Management Services — Finance
Division is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT
MANAGER shall supervise all aspects of the progress and execution of this Agreement.
B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT
DIRECTOR to have overall responsibility for the progress and execution of this Agreement for
CONTRACTOR. J. Bradley Burgess is hereby designated as the PROJECT DIRECTOR for
CONTRACTOR. Should circumstances or conditions subsequent to the execution of this
Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall
notify the CITY within ten (10) business days of the substitution.
2.. DUTIES OF CONTRACTOR.
CONTRACTOR shall perform the duties and/or provide services as described in
Exhibit " A " attached and incorporated herein.
1
.
,,
3. DUTIES OF CITY.
CITY shall perform the duties as described in Exhibit " A " attached and
incorporated herein.
4. COMPENSATION.
For the full performance of the services described herein by CONTRACTOR,
CITY shall pay CONTRACTOR as described in Exhibit " A " attached and incorporated herein.
Payment will be made upon receipt by PROJECT MANAGER of itemized invoices
submitted by CONTRACTOR following submission of claims to the State Controller as described
on Exhibit " A ".
5. TERM OF AGREEMENT.
The term of this Agreement shall be from the date of execution of this Agreement
until the CONTRACTOR has completed the services described herein.
6. TERMINATION.
A. Discretionary. Either party may terminate this Agreement without cause
upon thirty (30) days written notice mailed or personally delivered to the other party.
B. Cause. Either party may terminate this Agreement without cause upon ten
(10) days written notice mailed or personally delivered to the other party, and the notified party's
failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the
party giving such notice, within thirty (30) days of the receipt of said notice.
C. Effect of Termination. Upon receipt of notice of termination, neither party
shall incur additional obligations under any provision of this Agreement without the prior written
consent of the other.
D. Return of Documents. Upon termination, any and all CITY documents or
materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and
materials prepared for or relating to the performance of its duties under this Agreement, shall be
delivered to CITY as soon as possible, but not later than thirty
(30) days after termination.
2
7. OWNERSHIP OF DOCUMENTS.
The written documents and materials prepared by the CONTRACTOR in
connection with the performance of its duties under this Agreement, shall be the sole property of
CITY. CITY may use said property for any purpose, including projects not contemplated by this
Agreement.
8. INSPECTION AND AUDIT.
Upon reasonable notice, CONTRACTOR shall make available to CITY, or its
agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in
connection with its performance of its duties under this Agreement. CONTRACTOR shall fully
cooperate with CITY or its agent in any such audit or inspection.
9. ASSIGNABILITY.
The parties agree that they shall not assign or transfer any interest in this Agreement
nor the performance of any of their respective obligations hereunder, without the prior written
consent of the other party, and any attempt to so assign this Agreement or any rights, duties or
obligations arising hereunder shall be void and of no effect.
10. INSURANCE.
A. During the term of this Agreement, CONTRACTOR shall maintain, at no
expense to CITY, the following insurance policies:
1. A comprehensive general liability insurance policy in the minimum
amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury,
or property damage;
2. An automobile liability (owned, non -owned, and hired vehicles)
insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence;
3. If any licensed professional performs any of the services required to
be performed under this Agreement, a professional liability insurance policy in the minimum
amount of one million ($1,000,000) dollars to cover any claims arising out of the
CONTRACTOR's performance of services under this Agreement.
B. The insurance coverage required of the CONTRACTOR by section 11. A.,
shall also meet the following requirements:
3
1. The insurance shall be primary with respect to any insurance or
coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any
contribution;
2. Except for professional liability insurance, the insurance policies
shall be endorsed for contractual liability and personal injury;
3. Except for professional liability insurance, the insurance policies
shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers,
as additionally named insureds under the policies.
4. CONTRACTOR shall provide to PROJECT MANAGER, (a)
Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific
endorsements naming CITY, its officers, agents, employees, and volunteers, as additional named
insureds under the policies.
5. The insurance policies shall provide that the insurance carrier shall
not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except
upon thirty (30) days written notice to CITY's PROJECT MANAGER;
6. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years;
7. The insurance policies shall provide for a retroactive date of
placement coinciding with the effective date of this Agreement;
8. The insurance shall be approved as to form and sufficiency by
PROJECT MANAGER and the City Attorney.
C. If it employs any person, CONTRACTOR shall maintain worker's
compensation and employer's liability insurance, as required by the State Labor Code and other
applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY
against all liability for injuries to CONTRACTOR's officers and employees.
D. Any deductibles or self-insured retentions in CONTRACTOR's insurance
policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At
CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or
eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment
of losses and related investigations, claims administration, attorney's fees and defense expenses.
0
11. INDEMNIFICATION.
CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its
officers, agents, employees, and volunteers, against any claim, demand, suit, judgment, loss,
liability or expense of any kind, including attorney's fees and administrative costs, arising out of or
resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of
CONTRACTOR or CONTRACTOR'S officers, agents and employees in the performance of
their duties and obligations under this Agreement.
12. NONDISCFXvENATION.
CONTRACTOR shall not discriminate, in any way, against any person on the basis
of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related
to the performance of its duties and obligations under this Agreement.
13. COMPLIANCE WITH ALL LAWS.
CONTRACTOR shall observe and comply with all applicable federal, state and
local laws, ordinances, codes and regulations, in the performance of its duties and obligations under
this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance
with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend,
indemnify and hold harmless CITY, its officers, agents and employees from any and all damages,
liabilities, penalties, fines and all other consequences from any noncompliance or violation of any
laws, ordinances, codes or regulations.
14. NO THIRD PARTY BENEFICIARIES.
CITY and CONTRACTOR do not intend, by any provision of this Agreement, to
create in any third party, any benefit or right owed by one party, under the terms and conditions of
this Agreement, to the other party.
15. NOTICES.
All notices and other communications required or permitted to be given under this
Agreement, including any notice of change of address, shall be in writing and given by personal
delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the
parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or
if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as
follows:
5
TO CITY: Kenneth A. Nordhoff
Assistant City Manager
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
TO CONTRACTOR: J. Bradley Burgess
Vice President
DMG-MAX IMUS
4320 Auburn Boulevard Suite 2000
Sacramento CA 95841
16. INDEPENDENT CONTRACTOR.
For the purposes, and for the duration, of this Agreement, CONTRACTOR, its
officers, agents and employees shall act in the capacity of an Independent Contractor, and not as
employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of
CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not
that of an employee of CITY.
17. ENTIRE AGREEMENT -- AMENDMENTS.
A. The terms and conditions of this Agreement, all exhibits attached, and all
documents expressly incorporated by reference, represent the entire Agreement of the parties with
respect to the subject matter of this Agreement.
B. This written Agreement shall supersede any and all prior agreements, oral or
written, regarding the subject matter between the CONTRACTOR and the CITY.
C. No other agreement, promise or statement, written or oral, relating to the
subject matter of this Agreement, shall be valid or binding, except by way of a written amendment
to this Agreement.
D. The terms and conditions of this Agreement shall not be altered or modified
except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY.
E. If any conflicts arise between the terms and conditions of this Agreement,
and the terms and conditions of the attached exhibits or the documents expressly incorporated by
reference, the terms and conditions of this Agreement shall control.
0
18. SET-OFF AGAINST DEBTS.
CONTRACTOR agrees that CITY may deduct from any payment due to
CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under
any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments,
unpaid checks or other amounts.
19. WAIVERS.
The waiver by either party of any breach or violation of any term, covenant or
condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a
waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent
breach or violation of the same or other term, covenant, condition, ordinance, law or regulation.
The subsequent acceptance by either party of any fee, performance, or other consideration which
may become due or owing under this Agreement, shall not be deemed to be a waiver of any
preceding breach or violation by the other party of any term, condition, covenant of this Agreement
or any applicable law, ordinance or regulation.
20. COSTS AND ATTORNEY'S FEES.
The prevailing party in any action brought to enforce the terms and conditions of
this Agreement, or arising out of the performance of this Agreement, may recover its reasonable
costs (including claims administration) and attorney's fees expended in connection with such action.
21. APPLICABLE LAW.
The laws of the State of California shall govern this Agreement.
7
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month
and year first above written.
CITY OF SAN RAFAEL CONTRACTOR
or Albert ro �,
Oam?7J I]ZC�/.jj
i
Title: USC c� ,ham ��OL=3ti�
ATTEST:
ty Clerk Jeanne MAeoncini
City A
0
Contract Number : OIF-143
Exhibit A
Agreement to Provide
Mandated Cost Claiming Services
THIS AGREEMENT, entered into this day of , 2001 and
effective immediately by and between DMG-MAXWS (hereinafter "Consultant") and the City
of San Rafael (hereinafter "City"),
WHEREAS, Article XMB of the California State Constitution provides that cities may recover
costs associated with cprrying 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 personnel knowledgeable and experienced in
determining the costs of governmental programs and in the submission of cost claims to the State
of California, and
WIVREAS, the City desires to engage the Consultant to assist in developing, submitting, and
negotiating cost claims pertaining to state mandated program.
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Ssove of Sem
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 2000-2001 fiscal year and estimated claims for the 2001-
2002 fiscal year, The fiscal year 2000-2001 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, 2002-
B. All Other Claims for Which Claiming Instructions Are Issued in FY 2001-
2002
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
City of San Rafael - 1 - June 25, 2001
Contract Number: O 1 F-143
mandated cost reimbursement claims for which State Controller Claiming Instructions are
issued in the 2001-2002 fiscal year.
2. Consultant Claim Filing Requjaments
The Consultant shall file these claims to the extent that appropriate documentation is
available and verifiable and that claim amounts exceed $200 per claim,
3. Costs and Method of CgMWMation
Scope of Services 1.A. & B. - Annual State Mandated Cost Reimbursement Claims
& All Other New Claims for Which Claiming Instructions are Issued in FY 2001-
2002
For the services provided pursuant to Scope of Services 1.A.& B., the City agrees to pay
the Consultant upon submission of the claims to the State Controller, a fixed fee of seven
thousand one hundred fifty dollars ($ 7,150). The fee would be due in four equal
installments: Twenty-five percent (25%) or $1,787.50 of the fixed fee shall be due on
September 1, 2001, December 1, 2001, March 1, 2002, and June 1, 2002,
Two -Year Option — Fixed Fee
The City may elect to secure a two-year fixed fee contract pursuant to Scope of Services
I.A. and 13. at a secured rate as follows:
2001-2002 $7,150
2002-2003 $7,500
Please check and initial here your choice for a two-year contract:
❑ Yes for two-year option ❑ No for two-year option
(initials) (initials)
4, ��rvi�pa a c�l►�tp�rials to be Furnished laKthe 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
City of San Rafael -2_ June 25, 2001
Contract Number : OIE-143
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
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,
The parties hereby agree that Consultant may assign, convey or transfer its interest,
rights, and duties in this Agreement to an affiliated company or its parent company which
succeeds to substantially all of the business of the Consultant.
6. Consultant L.iabili y if Au 'ted
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.
S. cbnsaltarja 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. Insuraince
Consultant shall acquire and maintain arr...r..ate general liability insurance, workers'
compensation insurance, automobile insurance, and professional liability insurance.
City of San Rafael .3- June 25, 2001
Contract Number : OIR143
10. CbanZes
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 mutually agreed upon
by and between the City and the Consultant, shall be incorporated in written amendment
to this agreement.
11. Te ins 'on of Agement
X 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.�i y Contact Person
The City designates the following individual as contact person for this contract:
Name:
Title:
Address:
Telephone:
Fax.-
City
ax:
City of San Rafael - 4 - June 25, 2001