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HomeMy WebLinkAboutCC Resolution 11587 (Processing Claims; Maximus)RESOLUTION NO. 11587
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 MAXIMUS, INC. FOR PROCESSING
CLAIMS FOR MANDATED COST REIMBURSEMENT.
(JULY 1, 2004 THROUGH JUNE 30, 2005)
The City Council of the City of San Rafael resolves as follows:
The City Manager and City Clerk are authorized to execute, on behalf of the City of San
Rafael, an agreement with Maximus, Inc., for Processing Claims for Mandated Cost
Reimbursement for the period of July 1, 2004 through June 30, 2005, 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 reciular meeting
of the City Council of said City held on Tuesdav the 6th day of July, 2004, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
JEMNE M. LEONCINI, City Clerk
9W -L, ���
AGREEMENT
With
MAXIMUS, Inc For
Processing Mandated Costs
This Agreement is made and entered into this 6th day of JULY, 2004,
by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and MAXTMTTS, Tnc_.
(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;
NOW, THEREFORE, the parties hereby agree as follows:
A. CITY. The Assistant City Manager shall be the representative of the CITY
for all purposes under this Agreement. The Finance Manager 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. Allan P. Burdick is hereby designated as the PROJECT DIRECTOR and Anita
Worlow as Project Manager 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.
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CONTRACTOR shall perform the duties and/or provide services as described in
Exhibit "-A-" attached and incorporated herein.
1
3. DT TTTF.S OF C:TTV.
CITY shall perform the duties as described in Exhibit "--A—" attached and
incorporated herein.
4. C0MPF.NR ATTO .
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 in four equal installments.
The term of this Agreement shall be from the date of execution of this Agreement
until the CONTRACTOR has completed the services described herein.
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
• .I►1 . 1' •2016TWILVAIM01
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.
1► MOM -1
►It It II
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. A RRMNABIT JTY.
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.
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.
Wk IN u1Ilk 11 • ►
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. NOXDTSCR .
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.
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.
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: Allan P. Burdick
Vice President
MAXIMUS, Inc.
4320 Auburn Boulevard Suite 2000
Sacramento CA 95841
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.
I: ul ► _ ul ►It ul
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.
8
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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.
• � •
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.
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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.
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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
4 l� L l ,mac rc G
By:
Y
Rod G d, City Mana r '
Name:
ATTEST:
0
Title:
i
MAXIMUS
City of San Rafael
A PROPOSAL TO PROVIDE
COMPREHENSIVE STATE MANDATED
COST CLAIMING SERVICES
E X H I B I T A
This proposal contains proprietary information.
Please contact MAXIMUS before releasing any part of the proposal.
© Copyright 2004 MAXIMUS, Inc.
All Rights Reserved.
TABLE OF CONTENTS
Scope of Services.............................................................. I
Approach and Work Plan .................................................. 5
MAXIMUS Advantages..................................................... 7
YourMAXIMUS Staff........................................................9
Professional Fees.............................................................1 I
SCOPE OF SERVICES
MAXIMUS proposes to prepare and file all of the City of San Rafael's eligible fiscal year state
mandated cost reimbursement claims for which claiming instructions are issued in the 2004-2005
fiscal year. This includes all annual, new or first time claims, and any claims that require
amendment. A description of these services is contained in the remainder of this section.
Annual Claims: Annual state mandated cost reimbursement claims are those existing claims
that are included in the State Controller's annual claiming instructions to be issued in the fall of
2004, which will be due no later than January 15, 2005. These annual claims include those
claims listed in the current FY 2003-04 State Budget and any other first time claims that will be or
have been filed for the first time during this fiscal year. There will be at least 15 annual state
mandated cost claims for which the City may be eligible to claim reimbursement. At a minimum,
the annual claims eligible for filing next fiscal year include the following:
77178
391188
246195
1120196
465176
999191
1249192
1568182
1171189
1143180
644194
641186
486175
1170196
1460189
Absentee Ballots
Brendon Maguire Act
Domestic Violence Arrest Policies & Procedures
Health Benefits for Survivors of Peace Officers & Firefighters
Police Officers Procedural Bill of Rights
Rape Victim Counseling Center Notices
Threats Against Peace Officers
Firefighter's Cancer Presumption
Peace Officer's Cancer Presumption
Regional Housing Need Determination
Airport Land Use Commissions/Plans
Open Meeting Act I Brown Act Reform
Test Claims and Mandate Reimbursement
Grand Jury Proceedings
Administrative License Suspension
I
Claims At Issue: Due to some last minute amendments, a few state mandated cost programs were
suspended or made optional with the adoption of the current State Budget in August 2003. At least two
of those programs are currently being given consideration for either full or partial reinstatement in the
FY 2004-2005 budget. If that should happen, the City will need to make sure that it has adequate
support to claim the estimated and actual costs for those claims. MAXIMUS will assist the City in
complying with those requirements and file either or both of these claims and any others that may be
added to the FY 2004-2005 State Budget. The two claims that are most likely to be reinstated are
described below.
Animal Adoption — this program, often referred to as the Hayden Bill program
752198 for its author, Senator Hayden, requires cities to hold animals longer, provide
increased veterinary services and implement various other programs to
promote the adoption of animals.
Megan's Law or Sex Offender Disclosure By Law Enforcement Officers -
908196 due to the extremely sensitive nature of this program, similar to the Animal
Adoption claim, the Legislature may reinstate this program either before
adopting the FY 04-05 budget or before adjourning the current session.
New or First Time Claims: MAXIMUS will file claims for all new or first time programs for which
claiming instructions are issued in the 2004-2005 fiscal year. Every year there are a few new or first
time state mandated cost programs for which local agencies file reimbursement claims following the
approval of test claims by the Commission on State Mandates. The Commission on State Mandates
currently has more pending tests claims than any time in its history. It is currently considering test
claims that were filed in or before the 2001 calendar year, and plans to consider claims filed in the
2002 calendar year during the 2004-2005 fiscal year. The chart presented below on the following page
contains a list of the seventeen claims pending before the Commission that were filed from 1991
through 2002 which may be approved by the Commission on State Mandates during the 2004-2005
fiscal year. Once approved, the City will be eligible to file multiple fiscal year claims for each program.
The number of fiscal years eligible to be claimed will range from a minimum of four to over ten fiscal
years, depending on which claims are approved.
Chapter/Year Test Claim Mandated Programs
Unfounded Complaints Against Peace Officers I Discovery of Peace
Officer Personnel Files — this test claim includes partial reimbursement for
the time of law enforcement staff to process unfounded complaints against
630178
peace officers and also to determine if an outside party that has a legal
complaint against an officer is entitled to have access to that officer's
personnel file.
Public Records Act — this test claim seeks reimbursement for the actual
355101
costs of providing copies of public records to the public that exceed the
amount the local agency is limited to charge.
Hepatitis and Blood Borne Infection Presumption — would provide
reimbursement for the costs associated with workers' compensation cases
490100
that are approved due to the presumption that blood borne infections for peace
officers and firefighters are work related illnesses.
Cancer Presumption II — would provide reimbursement for the increased
595199
costs of peace officer and firefighter workers' compensation cases that result
from the expansion of this cancer presumption mandate.
Tuberculosis Presumption — would provide reimbursement to local agencies
683195
for the peace officer and firefighter workers' compensation cases approved
due to the presumption that tuberculosis has arisen from work.
Distracted Driver — would provide reimbursement of a peace officers time
710101
to gather and report information to the State when individuals involved in an
accident were distracted by various reasons.
7581Manual
California Fire Information and Reporting System (CFIRS) — would
version 1.0
provide reimbursement to local fire agencies for complying with the
1990
mandates contained in the State's updated version of its CARS manual.
Racial Profiling: Law Enforcement Training — would provide
684100
reimbursement to local agencies for fulfilling the requirement to train law
enforcement in what constitutes racial profiling.
Local Recreation Areas: Background Screenings — would provide
777101
reimbursement to local agencies for the cost of the background screenings
required for prospective parks and recreation employees.
Local Government Employment Relations (PERB) — would provide
901100
reimbursement to local agencies for the additional costs incurred due to,
complying with the mandated PERB requirements.
71 ;
Binding Arbitration (SB 402) — would provide reimbursement for costs
associated with the implementation and the ongoing arbitration activities
906100 mandated by Peace Officers and Firefighters binding arbitration program prior
to it being ruled unconstitutional by the courts.
The Legislature is currently exploring ways to expedite the processing of these test claims in
order to reduce the backlog at the Commission and in order to limit the cost impact on the State.
The Commission should approve several of these claims for filing before the end of the 2004-
2005 fiscal year.
4
Meningitis Presumption — would provide reimbursement for the additional
883100
workers' compensation costs for peace officers who contract meningitis
arisen out of employment.
Fire Safety Inspection — would provide reimbursement for fire safety
993189
inspections of all community care facilities, residential care facilities for the
elderly, and child day care facilities.
Crime Statistics Reports for DOJ — would provide reimbursement for the
1340180
time spent by local law enforcement gathering and reporting various crime
statistics to the Department of Justice.
Mandatory OJT for Peace Officers Working Alone — would provide
POST Bulletin
reimbursement for complying with the new POST requirement that prior to an
1991
officer being allowed to work alone, that he or she have a specified number of
hours of on the job training.
False Reports of Police Misconduct — would provide reimbursement for the
289100
process of a complainant to fill out a form acknowledging that it is a crime to
make a false report — which must be in multiple languages.
Lower Back Injury Presumption — would provide reimbursement of the
834101
additional employer costs from peace officer workers' compensation cases
that result from lower back injuries based on this presumption.
The Legislature is currently exploring ways to expedite the processing of these test claims in
order to reduce the backlog at the Commission and in order to limit the cost impact on the State.
The Commission should approve several of these claims for filing before the end of the 2004-
2005 fiscal year.
4
APPROACH H. WORK PLAN
This section outlines MAIXMUS' general approach and work plan for the preparation of your
City's reimbursement claims and all other related work. Each of the key tasks is described below.
Comprehensive Mutual Planning Process: Our consultants will work with the City of
' San Rafael'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. We will work with the
City to update our mutually agreed upon plan as new claiming opportunities arise. Our planning
process defines the schedules, methodology, time frames, and required information needed to
support the claims, as well as the assigned roles and responsibilities of all participants.
On-going Coordination and Communication: MAXIMUS will maintain on-going
communication with appropriate City staff. We encourage regular communications between all
parties to ensure there is a clear understanding of all future and current claiming opportunities
that need to be completed.
Direct and Indirect Program Data Collection: MAXIMUS consultants will meet with
the appropriate department representatives and gather all required program data for each state
mandated program. MAXIMUS will also identify the administrative and support personnel that
should be included in each department's indirect cost rate proposal.
Financial Data Collection: Your MAXIMUS Project Manager will work closely with your
City's financial staff to obtain the necessary financial data to support all claims. This supporting
documentation includes annual budgets, departmental expenditure reports, salary reports, cost
allocation plans (when available), and invoices.
Claims Preparation for City Review and Approval: MAXIMUS will prepare the
eligible reimbursement claims once the necessary data is obtained from the City. Each claim will
include:
➢ Completed State Controller's claim forms.
➢ Indirect cost rate proposal (ICRP).
➢ Documentation supporting the claim and the ICRP.
Completed claims will be submitted to the City's SB 90 Coordinator for review, approval and
signature.
Claim Filing and Verification: Signed claims will be hand delivered to the State
Controller's Office by MAXIMUS along with a Declaration of Service. When received, a receipt,
signed by a representative of the State Controller's Office, will be forwarded to the City of San
Rafael. MAXIMUS will provide the City copies of all filed claims, ICRP's and other attachments
required by the State.
On -Going Management Support: After the claims are filed, MAXIMUS will continue to:
➢ Communicate with the SB 90 Coordinator to recommend possible process
improvements or modifications that would benefit the City.
➢ Provide periodic status update on claims filed, State payments, new test claims and
other related information.
MAXIMUS will work with the City's SB 90 Coordinator and participating department staff to
improve the claiming process and the defensibility of the City's claims.
Desk Review and Audit Support: After the claims are filed, MAXIMUS staff will respond
to any State Controller desk review questions or field audits. Our staff has worked with the State
Controller for over twenty-five years in developing mutually agreeable solutions to issues that may
arise.
Provide Management and Cost Reports: Since the State has deferred the payment of
most claims for the last two years, it is more important than ever to maintain detailed claim
information. MAXIMUS has implemented a new database system to provide the City with
information on its claim amounts and State payments.
THE NVAXIMUS
ADVANTAGE
Founded in 1975, MAXIMUS is one of the nation's leading providers of management and
consulting services to state and local governments. The SB 90 Practice was created in 1979 to
assist California local agencies to maximize their opportunities for reimbursement for the various
Constitutionally state mandated local programs. Some of the advantages that MAXIMUS
provides to its clients include:
A National Firm With A Dedicated SB 90 Practice: MAXIMUS offers the City of
San Rafael the resources and stability of a large national firm along with a dedicated practice
specializing in the full range of SB 90 services. This combination guarantees the City will receive
the highest level of consulting expertise and support possible.
Nationwide Leader in Serving Government: MAXIMUS works to fulfill its mission of
"Helping Government Serve the People" by providing services to every state and several
thousand local agencies in the Nation. The firm currently employees over 5,300 employees in
more than 250 offices located throughout the country. MAXIMUS is a New York Stock
Exchange listed company.
SB 90 or State Mandate Experience: MAXIMUS has assisted local agencies in the
State Mandates area since 1979. We pioneered the provision of SB 90 cost claim preparation and
related services to California local government. Our mandate reimbursement consultants have
served over 300 cities and special districts, all of California's 58 counties and nearly 200 school
districts.
When there is a need for assistance in the mandate area, the MAXIMUS staff are the ones that
both state and local representatives call first. No other California firm approaches the breadth and
depth of services in the mandate cost program area. MAXIMUS is the only firm that is involved
in every step of the mandate process. This includes the identification and development of new
test claims, preparation and filing of reimbursement claims, assisting in the desk review and field
audit process, and when necessary preparing and defending incorrect cost reduction claims.
National Cost Accounting and Indirect Cost Experts: MAXIMUS is recognized
nationally as the leader in governmental indirect cost consulting. When the State Controller
originally developed the A-87 Indirect Cost Rate Proposal (ICRP) format and requirements, our
firm was the only company asked to assist in the process. It is critical to have a firm that
possesses the expertise and knowledge necessary to prepare accurate and defensible (CRP's for
the City.
� MAxuvlus
Statewide Relationships: MAXIMUS maintains strong ties and relationships with a
variety of State agencies and local government associations. We maintain an open and
communicative relationship with the State Controller's Office, Commission on State Mandates,
Department of Finance and other departments involved with the state mandated cost issues. The
California Cities SB 90 Service was created by MAXIMUS to provide statewide information and
technical assistance to cities. This SB 90 Service places an emphasis on assisting cities in the
filing of test claims for unfunded state mandated programs to the Commission on State Mandates.
The League of California Cities endorses the SB 90 Service. MAIXMUS also provides similar
services to county government members under an exclusive contract with the California State
Association of Counties.
Project Experience and Longevity: The MAXIMUS team members assigned to assist
the City are all experienced in preparing and supporting SB 90 cost claims. It is important for the
City to know it has the availability of all the resources and expertise possible, and the firm it works
with has demonstrated its commitment to the mandated cost claiming area. The City of San
Rafael can be confident that MAXIMUS will be available to provide all necessary assistance
now and in the future.
SB 90 Website: MAXIMUS maintains a mandate -related website. It contains information on
claim payments, audit tracking, State mandate decisions and interpretations, and many other
features. These services are available to our clients, which translate into higher local awareness
and a greater understanding of the process.
Test Claim & State Liaison Expertise: MAXIMUS consultants are involved with the
majority of the local government test claims that are prepared. We are involved in the preparation
of the actual test claim and all written responses for the lead local agency test claimant. We
participate in the preparation or review of all Parameters and Guidelines, which eventually
become the basis of the State Controller's claiming instructions. In addition, the Commission on
State Mandates, State Controller, Department of Finance, Legislative Analyst and State legislative
committees on SB 90 issues routinely turn to our consultants for their insight and expertise. This
unparalleled relationship with the State experts provides us with a better understanding of the
programs and accuracy of activities eligible to be claimed which improves our ability to increase
the revenue recovery for the City of San Rafael.
K
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k
I YOUR MAXIMUS STAFF
' The breadth and depth of your MAXIMUS SB 90 team provides the City with the most qualified
and experienced consultants available to ensure the accuracy, completeness, and timeliness of
I all work. The lead consultant or Project Manager responsible for both completing and
coordinating all possible services is Anita Worlow. Anita Worlow, however, is only one member of
the team assisting the City. She is supported by our Practice Director, Mr. Allan Burdick; as well
I as, two attorneys fully dedicated to state mandate issues, several highly experienced cost
accounting specialists, and a large team of other mandate personnel. The following organization
chart provides an overview of the MAXIMUS team to prepare and provide any other related
services you may need:
The roles and responsibilities associated with the various project staff positions are discussed
below.
Project Management Team: Mr. Allan Burdick, a Vice President in our Sacramento office
will serve as Project Director. Anita Worlow, a very experienced state mandated cost consultant
in our Sacramento office, will serve as the City of San Rafael's Project Manager. The roles of
each are described below.
• Project Director: Allan Burdick The Project Director will be responsible for
ensuring the quality and timeliness of the project. Mr. Burdick has been involved in the
State Mandated Cost practice since its inception over twenty-five years ago.
Project Manager/Lead Consultant: Anita Worlow The City of San Rafael's
Project Manager oversees the daily work of the project team and ensures that project
implementation occurs on schedule and in accordance with all project requirements.
The Project Manager also has direct responsibility for coordinating the collection of all
applicable data from the City. She has the responsibility for regular client
communications, conducting on-site interviews, and participating in the preparation of all
claims.
Legal Assistance Staff: The Legal Staff is available to assist the Project Manager in
' reviewing any legal claiming interpretation issues and, if necessary, defending the claims during
desk reviews or field audits. The two, full-time attorneys are Ms. Pamela Stone, Chief Legal
Counsel for our Mandated Cost Consulting Practice, and Ms. Juliana Gmur, a Senior Mandated
I Cost Program attorney. Ms. Stone has served the lead attorney on state mandated cost litigation
that has gone all the way to the State Supreme Court. Ms. Gmur recently received an award from
the California Counsels Association for her work on an amicus brief in support of the ERAF test
■ claim.
Claiming Assistance Staff: To assist the project manager we have a number of
experienced state mandated cost consultants. Many of these consultants have specialties in the
various municipal programs or functional areas and can be called on when the complex or unique
issues arise concerning the City's claims. In addition, MAXIMUS consultants are supported by
a group of experienced administrative persons to ensure the accuracy and completeness of all
materials.
I Indirect Cost — A-87 Specialists: The State has raised a series of new questions related
to the eligibility and claiming of indirect costs. It is more important than ever to have the support
of very senior, A-87 indirect cost specialists to support SB 90 consultants. The MAXIMUS SB
I 90 team includes two extremely experience and qualified consultants, Mr. Manfred Endres and
Mr. Joel Nolan. Mr. Endres has been involved in preparing A-87 indirect cost programs for over
18 years and Mr. Nolan has very similar experience, including the requirement to negotiated
issues on behalf of State and local governments with the same Federal A-87 managers
responsible for advising the State of California on how to interpret A-87 questions.
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