HomeMy WebLinkAboutMAXIMUS - 2005-02-14s ity Contracts Submittal to
City Clerk's Office
Hum BcacS- i
To: City Clerk .1 .
1. Name of Contractor: Maximus
2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park
SB 90 Reimbursement Claim program
3. Amount of Contract: 40,500.00 over 3 years
Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk
Management
Initiating Dept._
City Treasurer_ ORIGINAL bonds sent to Treasurer
i4u a[ucr r-A mIl5IPi i
City Attomey's Office
Date: 2/14/05
V
g:/Attymisc/forms/city clerk contract transmittal.doc
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
MAXIMUS, INC,. FOR
SENATE BILL 90 STATE REIMBURSEMENT CLAIM PROGRAM
THIS AGREEMENT ("Agreement") is made and entered into this -� k day of
20 d,by and between the City of Huntington Beach, a municipal
corporation of the State of California, hereinafter referred to as "CITY, and MAXIMUS,
Inc., a
Virginia
"CONSULTANT."
corporation hereinafter referred to as
WHEREAS, CITY desires to engage the services of a consultant to provide
services related to Senate Bill 90 State Reimbursement Claim Program; and
Pursuant to documentation on file in the office of the City Clerk, the provisions of
the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of
professional service contracts have been complied with; and
CONSULTANT has been selected to perform these services,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall prepare all annual and new state mandated cost
claims for Fiscal Years 2004/05, 2005/06 and 2006/07 including services as described in
Exhibit "A," which is attached hereto and incorporated into this Agreement by this
reference. These services shall sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates Allan Burdick who shall represent it and
be its sole contact and agent in all consultations with CITY during the performance of this
Agreement.
04agree/maxiimus final 1
2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT
in the performance of this Agreement.
3. TERM, TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT
are to commence as soon as practicable after the execution of this Agreement by CITY (the
"Commencement Date"). This Agreement shall expire on December 31, 2007, unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than December 31, 2007. These times may be extended with the
written permission of CITY. The time for performance of the tasks identified in Exhibit
"A" are generally described in Exhibit "A." This schedule may be amended to benefit
the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY
agrees to pay CONSULTANT a fee, including all costs and expenses, not to exceed
Thirteen Thousand Five Hundred Dollars ($13,500.00) per fiscal year for Fiscal Years
2004-2005, 2005-2006 and 2006-2007.
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A"
or changes in the scope of services described in Exhibit "A," CONSULTANT will
undertake such work only after receiving written authorization from CITY. Additional
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
04agreelmaxiimus final 2
6. METHOD OF PAYMENT
CONSULTANT shall submit billing invoices pursuant to the terms and
conditions set forth in Exhibit A. CONSULTANT shall be paid pursuant to Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder,
including, without limitation, all original drawings, designs, reports, both field and office
notices, calculations, maps, memoranda, letters and other documents, shall belong to
CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or
termination of this Agreement or upon PROJECT completion, whichever shall occur first.
These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold
harmless CITY, its officers, elected or appointed officials, employees, agents and
volunteers from and against any and all claims, damages, losses, expenses, judgments,
demands and defense costs (including, without limitation, costs and fees of litigation of
every nature or liability of any kind or nature) arising out of or in connection with
CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of
this Agreement or its failure to comply with any of its obligations contained in this
Agreement by CONSULTANT, its officers, agents or employees except such loss or
damage which was caused by the sole negligence or willful misconduct of CITY.
CONSULTANT will conduct all defense at its sole cost and expense and CITY shall
approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy limits
04agree/maxiimus final 3
do not act as limitation upon the amount of indemnification to be provided by
CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a Certificate of Insurance
evidencing a professional liability insurance policy covering the work performed by it
hereunder. This policy shall provide coverage for CONSULTANT's professional liability
in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the
aggregate. The above -mentioned insurance shall not contain a self -insured retention,
"deductible" or any other similar form of limitation on the required coverage except with
the express written consent of CITY. CONSULTANT shall be fully responsible for any
and all deductibles and/or self -insured retentions, and any claims resulting from this
contract shall be paid first dollar to CITY. A claims -made policy shall be acceptable if the
policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation
of the scope of work (including subsequent policies purchased as
renewals or replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents
that might give rise to future claims.
04agree/maxiimus final 4
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall fizrnish to CITY a certificate of insurance subject to approval of the City Attorney
evidencing the foregoing insurance coverage as required by this Agreement; the certificate
shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. promise that such policy shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty
(30) days' prior written notice; however, ten (10) days' prior written
notice in the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force
until the work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not
derogate from CONSULTANT's defense, hold harmless and indemnification obligations as
set forth in this Agreement. CITY or its representative shall at all times have the right to
demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a
prompt and timely manner, the premiums on the insurance hereinabove required.
11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of
this Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
04agree/maxiimus final 5
officers, agents and employees and all business licenses, if any, in connection with the
PROJECT and/or the services to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or
without cause, and whether or not the PROJECT is fully complete upon thirty (30) days
prior written notice. Any termination of this Agreement by CITY shall be made in writing,
notice of which shall be delivered to CONSULTANT as provided herein. In the event of
termination, all finished and unfinished documents, exhibits, report, and evidence shall, at
the option of CITY, become its property and shall be promptly delivered to it by
CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall
not be assigned, delegated or subcontracted by CONSULTANT to any other person or
entity without the prior express written consent of CITY. If an assignment, delegation or
subcontract is approved, all approved assignees, delegates and subconsultants must satisfy
the insurance requirements as set forth in Sections 9 and 10 hereinabove.
14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material first produced as a result of this Agreement. Notwithstanding anything to the
contrary contained herein or in any attachment hereto, any and all intellectual property or
other proprietary data owned by CONSULTANT prior to the effective date of this
Agreement ("Pre -Existing Information") shall remain the exclusive property of
CONSULTANT even if such Pre -Existing Information is imbedded or otherwise
04agree/maxiimus final 6
incorporated in materials or products first produced as a result of this Contract or used to
develop such materials or products. The CITY's rights under this section shall not apply to
any Pre -Existing Information or any component thereof regardless of any form or media.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY
employee in the work performed pursuant to this Agreement. No officer or employee of
CITY shall have any financial interest in this Agreement in violation of the applicable
provisions of the California Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given
either by personal delivery to CONSULTANT's agent (as designated in Section 1
hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed
envelope, postage prepaid, and depositing the same in the United States Postal Service, to
the addresses specified below. CITY and CONSULTANT may designate different
addresses to which subsequent notices, certificates or other communications will be sent by
notifying the other party via personal delivery, a reputable overnight carrier or U. S.
certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: Director of Administrative Services
2000 Main Street
Huntington Beach, CA 92648
04agree/maxiimus final 7
TO CONSULTANT:
Richard Pearl
Senior Vice President
Maximus
4320 Auburn Boulevard, Ste. 2000
Sacramento, CA 95841
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval
to any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive
and are included solely for convenience of reference only and are not representative of
matters included or excluded from such provisions, and do not interpret, define, limit or
describe, or construe the intent of the parties or affect the construction or interpretation of
any provision of this Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed
as a whole, according to its fair meaning, and not strictly for or against any of the parties.
If any provision of this Agreement is held by an arbitrator or court of competent
jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate
or affect the remaining covenants and provisions of this Agreement. No covenant or
provision shall be deemed dependent upon any other unless so expressly provided here.
As used in this Agreement, the masculine or neuter gender and singular or plural number
shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act
04agree/maxiimus final 8
contrary to law, and wherever there is any conflict between any provision contained herein
and any present or future statute, law, ordinance or regulation contrary to which the parties
have no right to contract, then the latter shall prevail, and the provision of this Agreement
which is hereby affected shall be curtailed and limited only to the extent necessary to bring
it within the requirements of the law.
21 _ DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been
prepared and signed in counterparts as duplicate originals, each of which so executed shall,
irrespective of the date of its execution and delivery, be deemed an original. Each
duplicate original shall be deemed an original instrument as against any party who has
signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the
immigration and naturalization laws of the United States and shall, in particular, comply
with the provisions of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly
outside the scope of services contemplated hereunder. CONSULTANT understands that
pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive
legal counsel for CITY; and CITY shall not be liable for payment of any legal services
expenses incurred by CONSULTANT.
04agree/maxiimus final 9
24. ATTORNEY' S FEES
In the event suit is brought by either party to construe, interpret and/or
enforce the terms and/or provisions of this Agreement or to secure the performance hereof,
each party shall bear its own attorney's fees, such that the prevailing party shall not be
entitled to recover its attorney's fees from the non -prevailing party.
25. SURVIVAL
Terms and conditions of this Agreement, which by their sense and context
survive the expiration or termination of this Agreement, shall so survive.
26. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the
laws of the State of California.
27. FORCE MAJEURE
Neither party shall be liable hereunder by reason of any failure or delay in
the performance of its obligations herein (except for the payment of money) on account of
strikes, shortages, riots, insurrections, fires, flood, storm, explosions, earthquakes, acts of
God, war, governmental action, labor conditions, material shortages or any other causes
which are beyond the reasonable control of such party.
28. ENTIRETY
The parties acknowledge and agree that they are entering into this
Agreement freely and voluntarily following extensive arm's length negotiation, and that
each has had the opportunity to consult with legal counsel prior to executing this
Agreement. The parties also acknowledge and agree that no representations, inducements,
promises, agreements or warranties, oral or otherwise, have been made by that party or
anyone acting on that party's behalf, which are not embodied in this Agreement, and that
04agree/maxiimus final 10
that party has not executed this Agreement in reliance on any representation, inducement,
promise, agreement, warranty, fact or circumstance not expressly set forth in this
Agreement. This Agreement, and the attached exhibits, contain the entire agreement
between the parties respecting the subject matter of this Agreement, and supersede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized offices the day, month and year first above
written.
MAXIMUS, Inc.
By:
print name
ITS: (circle one) Chairman/Presiden ice Preside
AND
ITS: (circle
Secretary — I
Financial Officer/Asst.
04agree/maxiimus final I I
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
O'A"
Director of Administrative Services
(Pursuant To HBMC §3. 03.100)
AS TO FORM:
000.00 and over)
EXHIBIT A
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MAXIMUS
HELPING GO VERNMENT SER VE THE PEOPLE,
December 23, 2004
Mr. Arnold Ross
Finance Department
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
RE: State Mandated Cost Claiming Services
Dear Mr. Ross:
ne City ofHuntingtonBeach has stated its intention to execute a contract with
MAXIMUS, Jnc, for the above referenced engagement. The contract is based on our
proposal dated 4/30/2004 to prepare all annual and new state mandated cost claims for
the fixed amount of $13,500 for the 2004-05 fiscal year. This letter amends our proposal
authorize the execution of a contract for the following two years, fiscal years 2005-2006
and 2006-2007 for the same amount of S13,500 each fiscal year.
Sincerely,
Allan P. Burdick
Vice President
4320 AUBURN BLVD., STZ 2000 ! SACRAMENTO, CA 95541 1 916A$5.3102 j rvwW,N�btUS.COht
�•A OGRIow DUI fsnwix1dw wdeZ:T b002'EZ'73C
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October 1, 2004
Mr. Arnold Ross
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
RE: State Mandates Cost Claiming Services
Dear Mr. Ross:
MAXIMUS
.HELPING GOVERNiVIENTSERVE THE PEOPLE"
The City of Huntington Beach has stated its intention to execute a contract with MAXIMUS
for the above referenced engagement. The contract is based on our proposal dated 4/30/2004
to prepare all annual and new state mandated cost claims :for the 2004-2005 fiscal year for the
fixed amount of $13,500.00_
Our company has corporate governance restrictions on performing work without a signed
contract. We can, however, begin work under a tbirry-day window while the contracts is
being finalized_ We recognize that this letter does not legally obligate your agency to
complete the contract. However, in order to commence work as soon as possible, we must
have this statement of intent signed and returned to us without delay. If the contract is not
executed within this thirty -day time period, it is understood that MAXIML�S will cease work
and will not resume work unless and until the contract is signed and executed.
I ask that you acknowledge this agreement by signing below so we can proceed immediately
with this time sensitive project.
Sincerely,
Richard Pearl
Sr. Vice President
Statement: The City of Huntington Beach will take steps to finalize the contract for state
mandated cost claiming services with MAXZMUS, Inc. within thirty days of this Memorandum
of Understanding.
Signature of Acceptance
Title
Date
4320 AUBURN BLVD., S=-.20QO f SACRSMENTO, CA 93841 � 916.485.81021 WWW,AIAXdMUS.COM
2'd 1.82'ON DNI `snwixdw WdEb:2 b002'T '1D0
City of Huntington Beach
A PROPOSAL TO PROVIDE
COMPREHENSIVE STATE MANDATED
COST CLAIMING SERVICES
IMus�
HELPING GOVERNMENT SERVE THE PEOPLE a
[IN
ma
City of Huntington Beach
A PROPOSAL TO PROVIDE
COMPREHENSIVE STATE MANDATED
COST CLAIMING SERVICES
This proposal contains proprietary information.
Please contact MAXIMUS before releasing any part of the proposal.
0 Copyright 2004 MAXIMUS, Inc.
All Rights Reserved.
MAXIMUS
HELPING GOVERNMENT SERVE THE PEOPLE*
April 30, 2004
Mr. Arnold Ross
Senior Accountant
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Subject: Proposal and Renewal Agreement for SB 90 Claiming Services
Dear Mr. Ross:
MAXIMUS is pleased to submit this proposal to continue providing the City of
Huntington Beach with the most Comprehensive State Mandated Cost Claiming
Services possible during the 2004-2005 fiscal year. We propose to prepare and file all
annual and new or first time state mandated cost reimbursement claims for which
claiming instructions are issued in the fiscal year. Our services and resources available
to the City are described in this proposal.
Scope of Work Already Set
It is important to remind the City of Huntington Beach that the annual state mandated
program claims to be filed in FY 04-05 are actual cost claims to reimburse current fiscal
year costs, or new claims for costs incurred in several earlier fiscal years. At this point,
there is virtually nothing the State can do in the final months of this fiscal year to reduce
the scope of work that is required. In fact, it is more likely the scope of work will
increase. This is discussed in the first section of the proposal.
Governor Reconsidering Mandate Funding
Almost immediately after the League of California Cities and its partners filed signatures
with the Secretary of State on April 16, 2004, to qualify the "Local Taxpayers and Public
Safety Protection Act" constitutional initiative, Governor Schwarzenegger entered into
negotiations with those organizations. These negotiations include considering a
possible substitute constitutional amendment as well as a revision to the Governor's FY
2004-05 state budget proposals related to local government funding, including the
funding of state mandates. The early negotiations have been very positive and there is
renewed mope that the Governor will propose funding of the annual state mandated
programs in the FY 2004-05 State Budget. While negotiations have just begun, the goal
is to complete them before the Governor releases his "May Revision to the FY 04-05
State Budget" in early May. If the State does fund the state mandated programs in next
year's budget, the City would receive payment for its annual FY 04-05 estimated cost
claims in March 2005.
4320 AUBURN BLVD., SUITE 20001 SACRAMENTO, CA 95841 1 916,485.81021 916.485.0111 FAX I WWW.MAXIMUS.COM
Mr. Arnold Ross
April 30, 2004
Page 2 of 2
Change In Fee Structure and.Payment Schedule
During the past few years; we have been able to provide the City of Huntington Beach
with a contingent fee arrangement for the preparation of its "new or first time claims."
Under that arrangement, the City was not obligated to pay MAXIMUS for those claim
preparation costs until it first received reimbursement or payment from the State.
Unfortunately, until the State resumes to appropriate funds to pay its obligations,
MAXIMUS cannot continue to offer services without payment. Because these fees are
no longer offered on a contingent basis, we have both reduced the cost of our services
and also extended the payment date. In order to share the anticipated "cost of money"
savings we would have otherwise incurred under a contingent fee arrangement, we are
offering to prepare the City's claims for approximately five percent (5%) less than our
current fee, the 2003-04 fiscal year cost. In addition, to allow the City with more time to
budget and pay these fees, we have extended the due date for our fiscal year 2004-
2005 services until the first month of the 2005-2006 fiscal year. These provisions are
discussed in more detail in the professional fee section of this proposal.
L State May Guarantee Mandate Payments
As you may be aware, the signatures. for the local agency "Local Taxpayers and Public
Protection Act" statewide initiative were filed with the Secretary of State earlier this
month. As a result, the Governor is now negotiating with the local government coalition
that filed that initiative to develop a substitute or alternative initiative for voter
consideration in November. It appears the Governor, who to date has not been willing
to commit to when state mandated claim costs that have been deferred last year and
this year would be paid, is likely to agree to a date certain for those payments. In other
words, those obligations could then be booked as long term receivables and cities may
even be able to borrow against those state obligations.
Self -Executing Agreements
To assist you in expediting the process, we have enclosed two copies of a signed
agreement to provide services. if the terms of this agreement are acceptable, please
sign and forward one copy to Nicole Koehler in our Sacramento office located at 4320
Auburn Blvd., Suite 2000, Sacramento, CA 95841.
If you have any questions concerning this proposal or our services, please contact
either Terry Birgel in our Pasadena office at (626) 564-0401 or myself in our
Sacramento office at (916) 485-8102. We want to thank you for allowing us to serve the
City of Huntington Beach and look forward to continuing our relationship.
Sincerely,
Allan P. Burdick
Vice President
MAXIMUS, Inc.
TABLE OF CONTENTS
Scope of Services..............................................................1
Approach and Work Plan .................................................. 5
MAXIMUS Advantages..................................................... 7
Your MAXIMUS Staff........................................................9
Professional Fees.............................................................11
SCOPE OF SERVICES
MAXIMUS proposes to prepare and file all of the City of Huntington Beach'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 Controllers 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 20OM4 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:
Annual Claims
Chapter/Year Mandated Program
77178
Absentee Ballots
391188
Brendon Maguire Act
246195
Domestic Violence Arrest Policies & Procedures
1120196
Health Benefits for Survivors of Peace Officers & Firefighters
465176
Police Officers Procedural Bill of Rights
999191
Rape Victim Counseling Center Notices
1249192
Threats Against Peace Officers
1568182
Firefighter's Cancer Presumption
1171189
Peace Officer's Cancer Presumption
1143180
Regional housing Need Determination
644194
Airport Land Use CommissionslPlans
641186
Open Meeting Act 1 Brown Act Reform
486175
Test Claims and Mandate Reimbursement
1170196
Grand Jury Proceedings
1460189
Administrative License Suspension
U
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.
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.
New Claims
ChapterlYear
Test Claim Mandated Programs
Unfounded Complaints Against Peace Officers 1 Discovery of Peace
Officer Personnel Files — this test claim includes partial reimbursement for
630178
the time of law enforcement staff to process unfounded complaints against
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
490100
reimbursement for the costs associated with workers' compensation cases
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.
758IManual
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 CFIRS 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
9D1r00
reimbursement to local agencies for.,the additional costs incurred due to,
complying with the mandated PERB requirements.
U
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.
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.
289100
False Reports of Police Misconduct -- would provide reimbursement for the
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.
n
MAXIMUS
.APPROACH & WORK PLAN
This section outlines MAIXMUS' general approach roach and plan for the preparation on 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
Huntington Beach'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 Controllees 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.
5
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
Huntington Beach. 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 6tate 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.
L
t
E
THE MAXIMUS
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
Huntington Beach 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 ICRP's for
the City.
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 Controllers 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. MAXIMUS 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
Huntington Beach can be confident that MAXIMUS will be available to provide all necessary
assistance now and in the future.
SS 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 Huntington Beach.
8
.tJL
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
all work. The lead consultant or Project Manager responsible for both completing and
coordinating all possible services is Terry Birgel. Terry Birgel, however, is only one member of
the team assisting the City. He is supported by our Practice Director, Mr. Allan Burdick; as well
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. Terry Birgel, a very experienced state mandated cost consultant in
our Pasadena office, will serve as the City of Huntington Beach'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.
t
C
-
NOAUMS
Project Manager/Lead Consultant: Terry Birgel The City of Huntington
Beach'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. He has the responsibility for regular client
f
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
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 Califomia Counsels Association for her work on an amicus brief in support of the ERAF test
claim. '� '
ClaimingAssistance Staff: To assist the project manager we have a number of
pl 9
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.
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
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.
10
PROFESSIONAL FEES
This section outlines the MAXIMtIS costs and method of payment offered to the City of
Huntington Beach for the 2004-2005 fiscal year. There is one change in this proposal from last
year. At this time, we are not able to offer the City with a contingent fee option (payment to
MAXIMUS upon receipt of payment from the State) for completing its °New or First Time
Claims" as included in our current service agreement. To help compensate for not being able to
offer that payment option, we are offering to prepare all of the City's 2004-2005 fiscal year claims
at approximately a five percent (5%) discount over last year (amount has been rounded). Given
the actual cost of doing business (our annual general increased cost of service) that discount is
actually in the eight to ten percent cost area. The specifics of our proposed cost and fee
arrangement is as follows:
ALL CLAIMS — ANNUAL AND NEW/FIRST TIME — MAXIMUS will prepare and file all
of the City's annual claims due January 15, 2005 and all of its new or first time state
mandate cost reimbursement claims for which the State Controller issues claiming
instructions in fiscal year 2004-2005, for a fixed fee of fifteen thousand five hundred
($15,500.00). Sixty percent of the fee will be billed after the Annual Claim filing deadline of
January 15, 2005 and the remaining forty percent will be billed on May 1, 2005. Both
invoices, however, are not due or payable until July 31, 2005.
PAYMENT NOT DUE UNTIL JULY 31, 2005 (FY 2005.2006)
To further elaborate on our above payment provision, we are offering the City with the opportunity
to wait until the first month of the 2005-2006 fiscal year, or July 31, 2005, before it is required to
pay any or all our fiscal year 2004-2005 fees. Due to the current financial problems facing local
government and the change in our payment arrangement, we are extending the payment date of
our services. If the City would prefer to make the payment in the 2004-2005 fiscal year, we
would of course, be very pleased to receive the payment at an earlier date.
If the City would like to discuss our fee and/or payment arrangement, we would be more than
pleased to do so. We understand that the 2004-2005 fiscal year poses some unusually difficult
financial problems local agencies and MAXIMUS is willing to explore other fee and payment
options.
MAXIMUS
4320 Auburn Boulevard, Suite 2000
Sacramento, CA 95841
(916) 485-8102
F: (916) 485-0111
EXHIBIT B
EXHIBIT B
To be paid by CITY on or before July 31, 2005 $13,500.00
To be paid by CITY on or before July 31, 2006 $13,500.00
To be paid by CITY on or before December 31, 2007 . $1.3,500.00
04agree/maxiimus final Exhibit B
!QD )
pDDCER THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION
MARSH USA ENG. ONLY AND CONFERS NO RIC3HTS UPON THE CERTIFICATE
SUITE 400 HOLDER. THIS CERTIF}GATE DOES NOT AMENb, EXTEND OR
1255 23RD STREET, N.W. ALTER THE COVERAGE AFFORDED BY 7HE POLICIES BELOW.
WASHINGTON, DC 20037 COMPANIE8 AFFORDING COVERAGE
Agn: SHARON HENNING 202 263 7600
COMPANY
)06254:)PROF-ONLY- A FEDERAL INSURANCE GO
SURED
COMPANY
MAXIM US, INC., AND ALL SUBSIDIARIES
9 '}WIN CITY FIRE INSURANCE COMPANY
11419 SUNSET HILLS ROAD
RESTON, VA 20190
COMPANY
C AMERICAN INTERNATIONAL SPECIALTY LINES
COMPANY
D HARTFORD INSURANCE CO. OF THE MIDWEST
illM�iiil�
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 REQUIREMENT, TERM CR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED SY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
3 TYPE OF INSURANCE
R
POLICY NUMBER POLICY
EFFECTIVE
DATE (MMIDOIY'Y)
POLICY EXPIRATION
DATE (MMIDDIYY)
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE
2,000,000
PRODUCTS-COMP/OP AGG
$ 2,000,000
X
COMMEROAL CENFRAL LIABILITY
3537-42-97 05/01/04
(15/01105
'
CLAIMSMADE OCCUR
PERSONAL & ADV INJURY
$ 1,000,000
EACH OCCURRENCE
$ 1,000,000
ONMER'S&CONTRACTCR•SPROT
FIRE DAMAGE (Mynnefire)
$ 1,00(),000
MEDEXP Any one ersm)
$ 1o,a0Q
-
AUTOMOBILE
LIABILITY
COMBINEDSINGLE LIMIT
$ 1plo'000
X
ANY AUTO
74978992 (AOS) 05/01/04
05/01/05
BODILYINJURY
(Per Persm)
$
ALL OWN® ALTOS
SCHEDULED AUTOS
74978993 (TX) 05/01/04
74978994 (VA) 05101/04
05/01105
05/01/05
BOOILYINJURY
{Per accident)
$
HIRED AUTOS
NON -OWNED ALTOS
PROPERTY DAMAGE
$
GARAGE LIABILITY
AUTO ONLY -EAACCIDENT
$
OTHER THAN ALTO ONLY
ANY AUTO
EACH ACCIDENT
$
AGGREGATE
$
EXCESS LIABILITY
EACH OCCURRENCE
$ 5,000,000
AGGREGATE
$ 5,000,000
%( UMBRELLAFORM
7977-05-65 05/01/04
05/01/05
$
OTHER THAN UMBRELLA FORM
WORKER5COMPENSATIONAND
WORKERS
'LIABILITY
1OWBRMF581 (WI) 05/01/04
05/01/05
WCSIATU- OTT
X TORY LIMITS ER
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....EMPLO
EACH ACCIDENT
.t
$ 1,000,000
THE PROPRIETaRr X INCL
PARTNERSAEJTECUTIVE
OFFICERSARE EXCL
10WNMF5810(AOS) 05/01/04
05101/05
DCSEA_F-POLICY LIMIT
$ 1,000,000
DISEASE -EACH EMPLOYEE
$ 1,000,000
OTHER
PROFESSIONAL UAB
001634866 05/01/04
05/01/05
1,000,0[)0
ESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES&SPECIAL ITEMS
HE CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED UNDER THE GENERAL LIABILITY COVERAGE AS REQUIRED BY CONTRACT
OTH THE NAMED INSURED.
xg
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE INSURANCE COMPANY WILL MXr>,4 MAIL
CITY OF HUNTINGTON BEACH
ATTN: MS. LEONIE MULVIHILL
2000 MAIN STREET
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO.THE LEFT,
P.O. BOX 190
HUNTINGTON BEACH, CA 92648
APPROVED AS TO
,1(OCOCTI4KXiiif�C)Q�C)QN31C30CU(;(i�4}C
lummeammmm wc.
F Vffiothy M. 5asser
,
OJENNIFER McG f IT Viii Attorney.
1 / 11 ♦ e- V V J V : '*ti7 J"rl !1!'al7L la l V %1J f 494^ L.7G1 V Crl
y
PRODUCER
MARSH USA INC-
COMPANY
SUITE 400
1255 23RD STREET, N.W.
E
WASHINGTON, DC 20037
Attn: SHARON HENNING 202 263 7600
COMPANY
F
500625-OPROF-ONLY-
INSURED
COMPANY
MAXIMUS, INC., AND ALL SUBSIDIARIES
11419 SUNSET HILLS ROAD
G
RESTON, VA 20190
COMPANY
H
INSURED: MAXIMUS, INC. AND ALL SUBSIDIARIES
POLICY NUMBER:3537-42-07
COMMERCIAL GENERAL LIABILITY 80-02-0305 (4-54)
(EQUIVALENT TO CGL FORM #CG 20 10 03 97)
EFFECTIVE/EXPIRATION DATES: 5/1104-511105
NAME OF COMPANY: FEDERAL INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL} IT CAREFULLY.
ADDITIONAL INSURED -OWNERS, LESSEES OR
CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
6��.1��31JIw�
DAZE (MMMAIYY)
01/11./05
COMPANIES AFFORDING COVERAGE
Name of Person or Organization:
CITY OF HUNTINGTON BEACH, ITS AGENTS, OFFICERS, AND EMPLOYEES.
(if no entry appears above, information required to completethis endorsementwill be shown in the Declarations as applicable to this endorsement)
Who Is An Insured (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising
out of your ongoing operations performed for that insured.
The coverage provided by this endorsement is primary insurance over any other insurance.
CITY OF HUNTINGTON BEACH
ATTN. MS. LEONIE MULVIHILL
2000 MAIN STREET
P.O. BOX 190
HUNTINGTON BEACH, CA 92648
APPROVED 4S TO FORM:
1 NIPER MoGRATH, Cit�1'3�o
MARSH USA MG. BY
Timothy M. Sasser � ��
INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1. Requested by: Administrative Services
2_ Date: December 23, 2004
3.' Name of contractor/permittee: Maximus Inc
4. Description of work to be performed: SB 90 Claim Preparation
5. Value and length of contract: $ 13,500 per Year for Fy's 04, 05 & 06
6. Waiver/modification request: 2nd Waiver: delete ex, rptg. provision
7. Reason for request and why it should be granted: Cost prohibitive to Company
8_ Identify the risks to the City in approving this waiver/modification: Potential risk of no
coverage
Department Head Signature
12/23/04
Date:
APPROVALS
Approvals must- be. obtained. in the order listed on: this form. Two approvals are required
for a request to be granted. Approval from the City Administrator's Offce is only required if
Risk -Management and the City Attorney°sDffice.disagree_
1. Risk Management
EIVApproved ❑ Denied %% % V/2"-7/ Y (
Sigfiature Date
2. City Attorney's Office
[EllDenie 3 r-f>11Approved
Signatu4 Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the;.contract has been approved,
this form is to -be filed with the Risk Management Division of Administrative Services
Document2 12/23/2004 10:50 AM
O INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
1 _ Requested by: Administrative Services
2. Date: December 23, 2004
3_ Name of contra ctorlpermittee: Maximus Inc
4. Description of work to be performed: SB 90 Claim Preparation
5_ Value and length of contract: $ 13,500 per year for Fy's 04, 05 & 06
6. Waiver/modification request: 15` waiver: delete "no deductible" language
7. Reason for request and why it should be granted: Company cannot comply with this
requirement
8. Identify the risks to the City in approving this waiver/modification: low to none as Company_
agrees to be fully responsible for any deducibles
C',12/23/04
Department Head Signature Date:
APPROVALS
Appro..vats must.;be obtained .in the order listed on this form. Two approvals are required
for a request -to -be '.granted. Approval from the City Administrator's Office is only required if
RiskManagement and the City Attorney's. Office disagree.
1. Risk Management /
/O'Approved ❑ Denied
Signature bate
2. City Attorney's Office
pproved ElDenied I
Signature Date
3. City Administrator's Office
❑ Approved ❑ Denied
Signature Date
If approved, the completed waiver/modification request is to be submitted to the
City Attorney's Office along with the contract for approval. Once the contract has been approved,
this form is to be filed with the Risk Management Division of Administrative Services
Document2 12/23/2004 10:27 AM
s PROFESSIONAL SERVICE CONTRACTS
PURCHASING CERTIFICATION
1. Requested by: Arnie Ross & Robert Idlak
2. Date: February 1, 2005
3. Name of consultant: Maximus, Inc
4. Description of work to be performed: Preparation of SB 90 State Claims
5. Amount of the contract: $13,500.00 per year for three Years
6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No
7. Company number and object code where funds are budgeted: 10035202.
8. Is this contract generally described on the list of professional service contracts
approved by the City Council? ® Yes, ❑ No
9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on
the list of professional service contracts approved by the City Council?'
® Yes, ❑ No
10. Were (at least) informal written proposals requested of three consultants?
® Yes, ❑ No
11. Attach list of consultants from whom proposals were requested (including a
contact telephone number).
12. Attach proposed scope of work.
13. Attach proposed payment schedule.
lE�
RI AR AMADRIL, Manager
Purchasing/Central Services
' If the answer to any these questions is "No," the contract will require approval from the City Council.
DocumenU 21 f /2005 4.05 PM
Administrative Services
RFQ List
Maximus, Inc
4320 Auburn Blvd, Ste 2000
Sacramento, CA 95841 $ 13,500 per annum, three years
916 485 8102 Minimum Staff assistance needed
Cost Recovery Systems, Inc
705-2 East Bidwell Street, Ste 294 $ 12,000 fee, initial year
Folsom, California 95630 Material Staff assistance required
McClelland Coren
330 No. Brand Blvd, Ste 590
Glendale, CA 91203-2308 Failed to respond and/or return call