HomeMy WebLinkAboutMAXIMUS, INC. - 2007-10-01�., �-1
& CONTRACTS SUBMITTAL TO
CITY CLERK'S OFFICE 2007 SEP 21 Air 10:
1M-�,7 1"
To: JOAN FLYNN, City Clerk
Name of Contractor: Maximus, Inc.
Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park
Senate Bill 90 State Reimbursement Claim Program Services
Amount of Contract: $34,100.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
Initiating Dept. ❑ to Risk Management ❑
Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑
Date: !!2 -Z,() /U%
Name/Eaten ion
City Attorney's Office
G:AttyMisc/Contract Forms/City Clerk Transmittal
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
MAXIMUS, Inc.
FOR
Senate Bill 90 State Reimbursement Claim Program Services
THIS AGREEMENT ("Agreement") is made and entered into this 1st day of
October 20 07, 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 corporation
hereinafter referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
perform Senate Bill 90 State Reimbursement Claim Program Services • 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 provide all 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 Ferlyn Junio who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
ag ee/forms/profservl0115101-A 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
three (3) years from the
"Commencement Date"). This Agreement shall expire on Commencement Date , unless
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be
completed no later than three (3) years from the Commencement Date of this
Agreement. These times may be extended with the written permission of CITY. The time
for performance of the tasks identified in Exhibit "A" are generally to be shown 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 on a time and materials basis at the rates specified in
Exhibit "B," which is attached hereto and incorporated by reference into this Agreement,
a fee, including all costs and expenses, not to exceed
Thirty Four Thousand One Hundred Dollars ($ 34,100.00 ).
J. EX 1'KA 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
agree/forms/pmfsery 1011 SIO i-A 2
compensation for such extra work shall be allowed only if the prior written approval of
CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of 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, computer code, language, data or programs, 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 CONSULTANTs 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
agree/forms/profsery 10/15/01-A 3
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
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 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. 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.
CONSULTANT will make every effort to maintain similar insurance during
the required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting
provision of at least two (2) years to report claims arising from work performed in
connection with this Agreement.
agree/fbrrWprafserv10/15/01-A 4
I0. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT
shall furnish 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. shall state that the policy is currently in force; and
C. shall 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 shaII 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
agree/forms/profser00115/01-A 5 -
all payment of all taxes, social security, state disability insurance compensation,
unemployment compensation and other payroll deductions for CONSULTANT and its
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. 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. COPYRIGHTSIPATENTS
CITY shall own all rights to any patent or copyright on any work, item or
material produced as a result of this Agreement.
auee/fomWpmfserv10/15/01-A 6
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
bereinabove) 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: TO CONSULTANT:
City of Huntington Beach MAXIMUS, Inc.
ATTN: Dan T. Villella Attention: Ferlyn Junio
2000 Main Street 4320 Auburn Boulevard, Ste. 2000
Huntington Beach, CA 92648 Sacramento, CA 95841
17. CONSENT
When CITY's consentlapproval 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.
agree/forms/profservl0/15/01-A 7
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
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
agree/forms/profsery 10/15/01-A 8
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.
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,
agreetforms/profserv10t15101-A 9
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. 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
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 supercede all prior
understandings and agreements whether oral or in writing between the parties respecting
the subject matter hereof.
agree/foraWprofscrv10/1510I-A 10
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.
CONSULTANT,
MAXIMUS, Inc. CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of California
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EXHIBIT "A"
A. STATEMENT OF WORK:
The CONSULTANT shall provide Comprehensive State Mandate Cost Reimbursement
Senate Bill 90 (SB 90) Services for claim years 2007-08, 2008-09, 2009-10. The
CONSULTANT shall assist the City in recovering costs associated with carrying out
programs mandated by the State of California in accordance with Article XIIIB of the
California State Constitution.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
CONSULTANT shall provide (SB90) Services for claim years 2007-08, 2008-09, and
2009-10 as shown in the schedule below:
Fiscal Work
Year
Actual Cost
Claims
Based on
Expenditures
FYE
Estimated
Claim Year
Date Filed
2007-2008
2006-2007
9/30/2007
2007-2008
2/15/2008
2008-2009
2007-2008
9/30/2008
2008-2009
2/15/2009
2009-2010
2008-2009
9/30/2009
2009-2010
2/15/2010
Such services shall include, but is not limited to the following:
1. Review all SB90 claims filed by the City department.
2. Review on -site with each City department the methods and organization employed in
carrying out state mandated services.
3. Determine with each City department which of those activities need to be included in
the claims.
4. Discuss with each City department the data needs and methods of accumulating the
data for the claims.
5. Prepare indirect cost rate proposals (ICRP) in accordance with the provisions of OMB
Circular A-87, Cost Principles for Grants to State and Local Governments, for all
reimbursable mandated programs to be claimed, and for all applicable years to be
claimed.
6. For single department SB90 programs, receive claims from the project manager, in
the same form as they were submitted by the City departments, review them for
propriety, and submit the claim to the state for reimbursement. For multiple
department SB90 programs, receive compiled claims from the City project manager,
review them for propriety, and submit the claim to the State for reimbursement.
jmplcontracts group/exA/7/26/07 1 of 3
EXHIBIT "A"
7. Discuss with each City department any necessary changes or corrections that may
need to be made after initial review for propriety.
8. Assist the City in negotiations with the State pertaining to claims.
9. Assist the City with any claims audited by the State Controller's Office up to the
point that it is determined that an incorrect reduction claim should be filed.
10. Submit a list to the Finance department of claims filed for reimbursement after each
filing cycle.
11. Review and discuss with all applicable City departments of funded mandates that
each department is entitled to file a claim for reimbursement and which they may not
be filing a claim currently.
12. Prepare a final management report for the Finance department on the status of
claiming efficiency for the annual filings due on February 15'` of each year. This
management report is due to the City ninety (90) days after the annual claims have
been submitted to the State Controller's Office.
13. Provide in-house training on the preparation of SB 90 claims and the calculation of
Indirect Cost Rate Proposals.
Upon award and during the contract period, if the contractor chooses to assign different
personnel to the project, the Contractor must submit their names and qualifications to the
City for approval before they begin work.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. The City will designate a contact person that will coordinate the Consultant's work.
2. The City will be available for interviews with the Consultant to review the existing
claims process, and the strengths and weaknesses of the previous data capture
materials.
3. The City will provide all financial data required to complete the claims such as the
annual budgets, departmental expenditure reports, salary reports, cost allocation
plans, and service invoices.
D. WORK PROGRAM/PROJECT SCHEDULE:
1. ICRP's are to be submitted to the City departments five weeks before the due date
published in the State Controller's .claiming instructions for the associated claims,
ICRP calculations must include supporting documents for audit purposes.
jmp/contracts group/exA/7/26/07 2 of 3
EXHIBIT "A"
2. SB90 claims are to be submitted to the State on or before the due date published in
the State Controller's claiming instructions for the associated claims.
3. Final management report is to be submitted ninety (90) days after completion of the
annual filings deadline.
jmp/contracts group/exA/7/26/07 3 of 3
EXHIBIT `B"
Payment Schedule
1. Charges for time during travel are normally not reimbursable and will only be
paid if such time is actually used in performing services for CITY or as otherwise arranged with
CITY.
2. CONSULTANT shall be entitled to a full payment towards the fixed fee set forth
herein in accordance with the following fee schedule:
Fiscal
Work
Year
Actual
Cost
Claims
Based on
Expenditure
s FYE
Estimated
Claim Year
Date Filed
Total Fee
2007-2008
2006-2007
9/30/2007
2007-2008
2/15/2008
$ 10,900
2008-2009
2007-2008
9/30/2008
2008-2009
1 2/15/2009
$ 11,300
2009-2010
2008-2009
9/30/2009
2009-2010
2/15/2010
$ 11,900
$ 34,100
The fee shall be invoiced in three installments, as follows:
• Forty Percent (40%) in November;
• Forty Percent (40%) in February; and
• Twenty (20%) in June within the fiscal year of work performed.
Total fees shall not exceed Thirty Four Thousand One Hundred Dollars ($34,100.00).
CONSUTANT agrees to inform the CITY when CONSULTANT is at the point of reaching the
maximum limit per year. CONSULTANT shall not continue with any work effort over the
amount of the maximum limit per year unless first authorized in writing by City authorized
representative(s).
CONSULTANT agrees to provide additional services outside the scope of work specified in
Exhibit A at an hourly rate of $129.50 (inclusive of all fees and expenses).
3. Delivery of work product: A copy of every memorandum, letter, report,
calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to
demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on
any such product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each progress payment due.
Such invoice shall:
1) Reference this Agreement;
2) Describe the services performed;
3) Show the total amount of the payment due;
4) Include a certification by a principal member of CONSULTANT's firm
that the work has been performed in accordance with the provisions of this
Agreement; and
jmp/contracts groups B-in/26/07 1
EXHIBIT "B"
Payment Schedule
5) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is
making satisfactory progress toward completion of tasks in accordance with this Agreement,
CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of
receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY
does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for
non -approval and the schedule of performance set forth in Exhibit "A" may at the option of
CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has
been brought into compliance, or until this Agreement has expired or is terminated as provided
herein.
5. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged
for such time. Such invoices shall be approved by CITY if the work performed is in accordance
with the extra work or additional services requested, and if CITY is satisfied that the statement of
hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld.
Any dispute between the parties concerning payment of such an invoice shall be treated as
separate and apart from the ongoing performance of the remainder of this Agreement.
jmp/contracts group/exB-]/7/26/07 2
CITY OF HUNTINGTON BEACH
Professional Service Contracts
Purchasing Certification
1. Date: 9/13/2007
2. Department: Finance
3. Requested by: Valaya Chitchakkol
4. Name of consultant: MAXIMUS
5. Attach the written statement of the specification, conditions, and other requirements for the requested
services provided to solicited consultants.
Please refer to Exhibit A
6. Amount of the contract: $34,100
7. Are sufficient funds available to fund this contract?' ® Yes ❑ No
8. Is this contract generally described on the list of professional service contracts approved by the City
Council?' ® Yes ❑ No
9. Company number and object code where funds are budgeted: 10035205.69365 ✓
10. Is this contract less than $50,000? ® Yes ❑ No
11. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
12. Is this contract over $100,000? ❑ Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
13. Were formal written proposals requested from at least three available qualified consultants?
® Yes ❑ No
14. Attach list of consultants from whom proposals were requested (including a contact telephone number).
Please see attached. Please note that the RFP posted on the City website & CSMFO website. r
15. Attach proposed scope of work.
Please refer to Exhibit A
16. Attach proposed payment schedule.
Please refer to Exhibit B
Department Head Signature
z
RICvARD AMADRIL
Purchasing and Central Services Manager
1. If the answer to this question is "No," the contract will require approval from the City Council.
AK & Company
3531 Kersey Lane, Ste. M
Sacramento, CA 95864
Anita Worlow
(916) 972-1666
akcompany@um.att.com
Centration
8570 Utica Ave., Ste. 100
Rancho Cucamonga, CA 91730
Beth Hunter
(909)481-2621
Cost Recovery Systems, Inc.
705-2 East Bidwell Street, #294
Folsom, CA 95630
Annette Chinn
(916)939-7901
AChinnCRS@aol.com
David Wellhouse & Assoc.
9175 Kiefer Blvd., Ste. 121
Sacramento, CA 95826
(916)368-9244
dwa-david@surewest.net
Maximus
4320 Auburn Blvd., Ste. 2000
Sacramento, CA 95841
Allan P. Burdick
916-485-8102, ext. 113 Office
916-485-0111 Fax
allanburdick@maximus.com
MuniFinancial
27368 Via Industria, Suite 110
Temecula, CA 92590
Adina D. Vazquez
Project Manager
District Administration Services
951.587.3521
951.587.3510 FAX
adinav@muni.com
Public Resource Management
1380 Lead Hill Blvd., Ste. 106
Roseville, CA 95661
Patrick Dyer & Brad Burgess
(916) 677-4233
Shields Consulting Group
1536 36th Street
Sacramento, CA 95816
Steve Shields
(916) 454-7310
steve@shieldscg.com
SB 90 COST RECOVERY
CONSULTANTS
Maximus
17310 Red Hill Ave., Ste. 340
Irvine, CA 92614
Jason Reefer
(949) 440-0845 x. 105
jasonreefer@maximus.com
Maximus
4320 Auburn Blvd, Ste. 2000
Sacramento, CA 95841
Steve Oppenheim, Sr. Mgr.
(916) 485-8102
i
SU
~' INSURANCE AND INDEMNIFICATION WAIVER
MODIFICATION REQUEST
� e , LL_ D
1. Requested by: Valaya Chitchakkol SEP Q 6 2007
2. Date: August 29, 2007 City of Huntington Bosch
City Attorney's Office
3. Name of contractor/permittee: Maximus, Inc
4. Description of work to be performed: The Consultant will perform Senate Bill 90 State
reimbursement claim program service.
5. Value and length of contract: $34,000/ 3 year contract
6. Waiver/modification request: See Summary of Waiver Requests
7. Reason for request and why it should be granted: Reasons are included in the Summary
of Waiver Requests
8. Identify the risks to the City in approving this waiver/modification:
j.-Aepartment Head Signature Date:
APPROVALS
the Order listed on this fc
3roval from the City Admi
Risk Management ar thf City Attorney' Office:rd'is gree
3. City Administrator's Office
❑ Approved ❑ Denied
Signature
Date
the
Ins & Indeminification Waiver 20070809
8/29/2007 1:40:00 PM
MAXIMUS, Inc
Summary of Waiver Requests
Insurance Waivers:
Section 9: Professional Liability Insurance
MAXIMUS, Inc. requests the following:
1) In paragraph one, replace "policy" in the second line with "certificate of insurance
evidencing the policy and"
2) In paragraph one, delete the sentence on line four that states "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 express
written consent of City."
3) Delete paragraph two which states: "CONSULTANT will make every effort to
maintain similar insurance during the required extended period of coverage
following PROJECT completion. If insurance is terminated for any reason,
CONSULTANT agrees to purchase an extended reporting provision of at least
two (2) years to report claims arising from work performed in connection with
this Agreement".
Reason: MAXIMUS, Inc. is a publicly traded company with a deductible of
$10,000,000. MAXIMUS does not buy insurance for an extended reporting period.
Section 10: Certificate of Insurance
MAXIMUS, Inc. requests the following:
1) In paragraph one, insert the word "reasonable" before the word "approval" in the
second line.
2) In paragraph three, line 3, delete the sentence that states "City or its
representative shall at all times have the right to demand the original or a copy of
the policy of insurance ".
Reason: MAXIMUS, Inc. can provide copies of policies in the event of a claim.
MAXIMUS, Inc I of 1 8/29/2007
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
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 professional liability
A.vt.i �G�rC.GL�GKti'-G'Z �'p✓'� .t.� 'ct•,ti,p�/
insurance peke coveriAg the work pe oitirmed by it hereunder. This pdwcy shall provifle
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. 4he-- above
--
of eiT 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.
CONSULTANT will make every effort to maintain similar insuranc u g
the required extended perio o ra a following PROJEC pletion. If insurance is
terminated for any reason, CONSUL agrees base an extended reporting
provision of at I . o (2) years to report claims arising from work p ed in
v5in—nection with this Agreement.
agreelformsrprofservIG115/01-A 4
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CO
�SIU,LTANT
shall furnish to CITY a certificate of insurance subject to/Japproval 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. shall state that the policy is currently in force; and
C. shall 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. C to
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
agree/forms/profsery 10/15/01-A 5
DATE08/07 Y07
^O qD
K
8/07/20
PRODUCER
Risk Services Inc. of Washington, D.C./ Hunt!
on ,
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY
200 East Randolph
AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS
Chicago IL 60601 USA
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC#
PHONE• 866 283-7122 FAX 847 953-5390
INSURED
INSURERA: American international Specialty Lines
26883
MAXIMUS, Inc.
INSURER B:
er
11419 sunset Hills Road
INSURERC:
Reston VA 20190 USA
w
.br
INSURER D:
d
'O
INSURER E:
x
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADD'L
INSRD
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
POLICY EXPIRATION
LIMITS
DATE(MM\DD\YY)
DATE(MM\DD\YY)
NERAL LIABILITY
EACH OCCURRENCE
DAMAGE TO RENTED
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE OCCUR
PREMISES oence)
An Person
MED 7 P ry one
PERSONAL.$ ADV INJURY
GENERAL AGGREGATE
rn
m
GEN'L AGGREGATE LIMIT APPLIES PER:
V
PRODUCTS -COMP/OP AGG
N
❑ POLICY PRO- ❑ LOC
JECT
0
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
..
ANY AUTO
(Ea accident)
z
BODILY INJURY
ALL OWNED AUTOS
P OVED AS TO
t�7
SCHEDULED AUTOS
( Per person)
w
HIRED AUTOS
AI //
INJURYFL
NON OWNED AUTOS
CGRAF,Ci�
µQ
0( /BODILY
J �I
ci
PROP
PROPERTY DAMAGE
PROPERTY
(Per accident)
-
GARAGE LIABILITY
AUTO ONLY-- EA ACCIDENT
ANY AUTO
OTHER THAN EA ACC
H
AUTO ONLY:
AGO
EXCESS !UMBRELLA LIABILITY
EACH OCCURRENCE
❑ OCCUR ❑ CLAIMS MADE
AGGREGATE
BDEDUCTIBLE
RETENTION
C STATU-
OTH-
WORKERS COMPENSATION AND
ORY LIMIT
ER
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT
--
ANY PROPRIETOR / PARTNER / EXECUTIVE
-
=
OFFICER/MEMBER EXCLUDED?
E.L. DISEASE -EA EMPLOYEE
E.L. DISEASE -POLICY LIMIT
Ifyes, describe under SPECIAL PROVISIONS
below
A 007419754 05/01/07 $1,000,000
OTHER Professional Liability
Prof Liability
L_
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: Nicole Koehler..
City Of Huntington Beach SHOULD
ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
2000 Main Street
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
Huntington Beach CA 92648 USA 30
DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
�y e
AUTHORIZED REPRESENTATIVE
7Z G¢!� -/ rtb /G�GKOG6
yasu'tdi}:�r ,,, 4 ` Mgr
",. $ iL k,'Ta�1
I C.:. •'":"`T #`� rt s e DATE (MMIDDIYY)._.>
1 E �rar. a ga` 07/19/07
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
PRODUCER ��
MARSH USA INC.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
SUITE 400
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
1255 23RD STREET, N.W.
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
WASHINGTON, DC 20037
Attn: SHARON HENNING - T-202-263-7600
COMPANIES AFFORDING COVERAGE
COMPANY
500625—GAUW-07-08
A HARTFORD FIRE INSURANCE COMPANY
INSURED
COMPANY
MAXIMUS, INC. AND ALL SUBSIDIARIES
B TWIN CITY FIRE INSURANCE COMPANY
11419 SUNSET HILLS ROAD
COMPANY
RESTON, VA 20190
C HARTFORD CASUALTY INSURANCE COMPANY
COMPANY
D
OOVERAGESTFLs cent s(rs�esntl�reptacesny`re�no�sii Iced,, rNfiGate<=
Y.s
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 OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MMIDDIYY)
POLICY EXPIRATION
DATE (MMIDDIYY)
LIMITS
GENERAL
LIABILITY
GENERAL AGGREGATE
$ 2,000,000
PRODUCTS - COMPIOP AGG
$ 2,000,000
A
X
COMMERCIAL GENERAL LIABILITY
10 UEN TE5891
05/01/07
05/01/08
CLAIMS MADE a OCCUR
-
PERSONAL & ADV INJURY
$ 1,000,000
EACH OCCURRENCE
$ 1,0GO,000
OWNER'S & CONTRACTOR'S PROT
FIRE DAMAGE (Any one fire)
$ 300,000
MED EXP (Any one person)
$ 10,000
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
$ 1,000,000
X
A
ANY AUTO
10 UUN TE6206
05/01/07
05/01/08
BODILY INJURY
(Per person)
$
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per accident)
$
HIRED AUTOS
NON -OWNED AUTOS
`rQ �QR�
PROPERTY DAMAGE
$
:::MA
C
`
RATH
GARAGE LIABILITY
L'` ATTQ
AUTO ONLY - EA ACCIDENT
$
ANY AUTO
OTHER THAN AUTO ONLY:
EACH ACCIDENT
$
AGGREGATE
$
EXCESS LIABILITY
EACH OCCURRENCE
$
AGGREGATE
$
UMBRELLA FORM
$
OTHER THAN UMBRELLA FORM
B
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
10WBRMF5811 (WI)
05/01/07
05/01/08
TORY LIMITS ER_
_ �-
EACH ACCIDENT
$ 1,000,000
DISEASE -POLICY LIMIT
$ 1,000,000
C
THE PROPRIETOR/ X INCL
PARTNERSIEXECUTIVE
OFFICERS ARE: EXCL
10WNMF5810(AOS)
05/01/07
05/01/08
DISEASE - EACH EMPLOYEE
$ 1,000,000
OTHER
DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMS
RE: MANDATED COST SERVICES
THE CITY OF HUNTINGTON BEACH AND ITS AGENTS ARE NAMED AS ADDITIONAL INSUREDS UNDER THE GENERAL LIABILITY COVERAGE AS
REQUIRED BY CONTRACT WITH THE NAMED INSURED.
CERT1FfCAi}IOtDER'CCELIdON
t'
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE INSURANCE COMPANY WILL ENDEAVOR TO MAIL
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
HUNTINGTON BEACH, CA 92648
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF
ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Timothy M. Sasser'~
IlCb ,,,ORP9RAT(0�7988�'
f§l nf.a.. v 3 S T-A .u3h. .Icifi
PRODUCER
MARSH USA INC.
SUITE 400
COMPANY
1255 23RD STREET, N.W.
E
WASHINGTON, DC 20037
Attn: SHARON HENNING - T-202-263-7600
COMPANY
F
500625—GAUW-07-08
INSURED
COMPANY
MAXIMUS, INC. AND ALL SUBSIDIARIES
11419 SUNSET HILLS ROAD
G
RESTON, VA 20190
COMPANY
H
LIABILITY INSURANCE COVERAGE
POLICY PERIOD:May 1, 2007 - May 1, 2008
EFFECTIVE DATE:May 1, 2007
POLICY NUMBER: 10 UUN TE5891
INSUREDWAXIMUS, INC. AND ALL SUBSIDIARIES
NAME OF COMPANY:Hartford Fire Insurance Company
DATE ISSUED:May 1, 2007
Coverage is provided as follows by the Commercial General Liability form HG 00 01 06 05:
General Liability
Under Who Is Insured, the following provision is contained:
Who Is Insured
r DATE (MMIDDIYY)
�z
07/19/07
COMPANIES AFFORDING COVERAGE
Any Other Party Any person or organization when required by written contract or agreement, but only with respect liability for bodily injury, property damage or
personal and advertising injury caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf.
1.In the performance of your ongoing operations;
2.In connection with your premises owned by or rented to you; or
3.In connection with "your work" and included in within the "products -completed operations hazard". But only if
a.The written contract or agreement requires you to provide such coverage to such additional insured; and
b.This Coverage provides coverage for "bodily Injury or "property damage" within the "products -completed operations hazard".
Designated Other Party
The City of Huntington Beach, its agents, officers and employees
All other terms and conditions remain applicable per Hartford form HG 00 0106 05
Authorized Representative
2000 MAIN STREET
HUNTINGTON BEACH, CA 92648
MARSH USA INC. BY ..�,
Timothy M. Sasser ✓_e ;
10kW I ZARD
FORM 10-K
MAXIMUS INC - MMS
Filed: December 13, 2006 (period: September 30, 2006)
Annual report which provides a comprehensive overview of the company for the past year
MAXIMUS, Inc.
CONSOLIDATED BALANCE SHEETS
(Dollars in thousands)
September 30,
2005
2006
. , ASSETS
Current assets:
Cash an d ca's_h equivalents`
$ . 59 t173
$ 39,545 '
Marketable securities
119,290
117,315
Restrictt d cash .
219
1 x512,
Accounts receivable — billed, net
124,477
153,399
ACcoupts recetable - unbilled•
43r74 ,
47,728 ..
Income taxes receivable
—
9,003
Ueetred �rxeu taxes.
_ ..
<
.A
Prepaid expeurrnses and other current assets
7,270
8,334
= T1Ji;�,Vt18sV ltS,..V`
...
.. .v�.'ems'...��j
3'}
..
Property and equipment, net
31,156
33,429
iWarez?eloprr>citsts, reef ... ,..
....� .. 2a ."
Deferred contract costs, net
20,429
11,165
t3oodvl1.
$6832
116,8$
Intangible assets, net
7,756
5,720
A
meter �l-`":
p
Total assets
$ 534,562
$ 558,501
AND 5211ULDItx EQ' ;. ag .:.
-"
,IAt31L1IS;
�...
Current liabilities:
.�G(511115 pa00ab .: Ad': I 4;
... . ti .:
.. ...
Accrued compensation and benefits
26�,Q828
24,426
N
xrecltvenue
y� A..`
.:,' %,
Income taxes payable
4,695
—
eert1 tncome tam ..
. :..r •.
..� ?`....� .., `. 2,
Current portion of capital lease obligations
1,502
1,690
()theraeced llbtl�ttes�3311fr,
Total current liabilities
109,482
136,614
rttal lease oi'tgtions; less btirrertt port ixt " ,��
'.
2,t
, .
Deferred income taxes
15,480
14,944
iitlfetiS1 ltTlllti$. _� w
>, A...� = a.
Total liabilities
128,608
153,602
; n 1 t nis and Copt ugenetes o es ,I ( ar(d,1
,.
Shareholders' equity:
d
mrnon stock, no p value,04%U0U spar authotxed, 215,3 and 21Sb4�s st�IeAn
Ltd t7)stttdtng at September 3;II()5 artd 2006, acted amottrtt,pecttveg,1DII3 . 1349, `
Accumulated other comprehensive loss
(522)
(916 )
Retained earnings F •` qe..
;'', 2593
249,1
.
Total shareholders' equity
405,954
404,899
See notes to consolidated financial statements.
31
Source: MAXIMUS INC, 10-K, December 13, 2006
REPORT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM ON
INTERNAL CONTROL OVER FINANCIAL REPORTING
To the Board of Directors and Stockholders of MAXIMUS, Inc. --
We have audited management's assessment, included in the accompanying Report on Management's Assessment of Internal Control
over Financial Reporting, that MAXIMUS, Inc. maintained effective internal control over financial reporting as of September 30,
2006, based on criteria established in Internal Control — Integrated Framework issued by the Committee of Sponsoring
Organizations of the Treadway Commission (the COSO criteria). MAXIMUS, Inc.'s management is responsible for maintaining
effective internal control over financial reporting and for its assessment about the effectiveness of internal control over financial
reporting. Our responsibility is to express an opinion on management's assessment and an opinion on the effectiveness of the
Company's internal control over financial reporting based on our audit.
We conducted our audit in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those
standards require that we plan and perform the audit to obtain reasonable assurance about whether effective internal control over
financial reporting was maintained in all material respects. Our audit included obtaining an understanding of internal control over
financial reporting, evaluating management's assessment, testing and evaluating the design and operating effectiveness of internal
control, and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a
reasonable basis for our opinion.
A company's internal control over financial reporting is a process designed to provide reasonable assurance regarding the reliability of
financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting
principles. A company's internal control over financial reporting includes those policies and procedures that (1) pertain to the
maintenance of records that, in reasonable detail, accurately and fairly reflect the transactions and dispositions of the assets of the
company; (2) provide reasonable assurance that transactions are recorded as necessary to permit preparation of financial statements in
accordance with generally accepted accounting principles, and that receipts and expenditures of the company are being made only in
accordance with authorizations of management and directors of the company; and (3) provide reasonable assurance regarding
prevention or timely detection of unauthorized acquisition, use, or disposition of the company's assets that could have a material effect
on the financial statements.
Because of its inherent limitations, internal control over financial reporting may not prevent or detect misstatements. Also, projections
of any evaluation of effectiveness to future periods are subject to the risk that controls may become inadequate because of changes in
conditions, or that the degree of compliance with the policies or procedures may deteriorate.
In our opinion, management's assessment that MAXIMUS, Inc. maintained effective internal control over financial reporting as of
September 30, 2006, is fairly stated, in all material respects, based on the COSO criteria. Also, in our opinion, MAXIMUS, Inc.
maintained, in all material respects, effective internal control over financial reporting as of September 30, 2006, based on the COSO
criteria.
We also have audited, in accordance with the standards of the Public Company Accounting Oversight Board (United States), the
accompanying consolidated financial statements of MAXIMUS, Inc. as of September 30, 2006 and our report dated December 6, 2006
expressed an unqualified opinion thereon.
McLean, Virginia
December 6, 2006
57
/s/ Ernst & Young LLP
Source: MAXIMUS INC, 10-K, December 13, 2006