Resolution No. 9044I RESOLUTION NO 9044
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
3 VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING
4 SERVICES BY AND BETWEEN THE CITY OF VERNON AND
MAXIMUS, INC. FOR 2006-2007 MANDATED COST CLAIMING
5 SERVICES
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7 WHEREAS, on April 27, 2005, the City Council of the City of
8 Vernon adopted Resolution 8726 approving an Agreement to Provide
9 Professional Consulting Service's to the City of Vernon with MAXIMUS,
10 Inc. ("Maximus") for preparing, processing and filing the City of
11 Vernon's claims for reimbursement of state mandated costs from the
12 State of California during the 2005-2006 fiscal year; and
13 WHEREAS, Maximus, or its predecessor companies DMG-MAXIMUS
14 and David M. Griffith & Associates, Ltd., has prepared, processed and
15 filed such state mandated cost claims on behalf of the City of Vernon
16 in an effective manner and its agreement has been extended annually
17 since October 20, 1992; and
18 WHEREAS, Maximus has submitted an "Agreement to Provide
19 Professional Consulting Services to the City of Vernon" for mandated
20 cost claiming services for a period of July 1, 2006 through
21 September 30, 2007; and
22 WHEREAS, the fixed fee to provide the mandated cost claiming
23 services is Three Thousand Five Hundred Dollars and No Cents
24 ($3,500.00), payable before July 31, 2-07; and
25 WHEREAS, Lewis Pozzebon, Director of Environmental Health, by
26 memo dated May 4, 2006, has recommended that an agreement with Maximus
27 be approved.
28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
1 CITY OF VERNON AS FOLLOWS:
2 SECTION 1: The City Council of the City of Vernon hereby
3 finds and determines that the recitals contained hereinabove are true
4 and correct.
5 SECTION 2: The City Council of the City of Vernon hereby
6 approves the Agreement to Provide Professional Consulting Services to
7 the City of Vernon with MAXIMUS, Inc., in substantially the same form
8 as the copy which is attached hereto as Exhibit A and incorporated by
9 reference.
10 SECTION 3: The City Council of the City of Vernon hereby
11 authorizes the Acting City Clerk, or his designee, to make whatever
12 nonsubstantive, administrative and/or text changes, upon advice of
13 counsel, to the Agreement.
14 SECTION 4: The City Council of the City of Vernon hereby
15 authorizes the Mayor to execute said Agreement for, and on behalf of,
16 the City of Vernon and the Acting City Clerk is hereby authorized to
17 attest thereto.
18 SECTION 5: The City Council of the City of Vernon hereby
19 directs the Acting City Clerk, or his designee, to transmit one fully
20 executed Agreement to:
21 MAXIMUS, Inc.
Attn: Allan Burdick, Vice President
22 4320 Auburn Boulevard, Suite 2000
23 Sacramento, CA 95841
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SECTION 6: The
Acting City Clerk of the City of Vernon shall
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certify to the passage of
this resolution, and thereupon and thereafter
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the same
shall be in full
force and effect.
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APPROVED AND ADOPTED this 24th day of May, 2006.
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CzriL�G,
�IS��=�
7
ATTEST•
Mayor
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BRU E V.
M LKENHORST, JR.
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Act C'
y Clerk
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution, being
Resolution No.. 9044, was duly adopted by the City Council of the City
of Vernon at a regular meeting of the City Council duly held on
Wednesday, May 24, 2006, and thereafter was duly signed by the Mayor of
the City of Vernon. /
(SEAL)
BR CE . MALKENHORST, JR.
Acti g City Clerk
- 4 -
EXHIBIT A
Contract Number: 06F-174
AGREEMENT TO PROVIDE
PROFESSIONAL CONSULTING SERVICES
TO THE CITY OF VERNON
THIS AGREEMENT, entered into this day of , 2006, by and
between MAXIMUS, Inc. (hereinafter "Consultant") and the City of Vernon (hereinafter "City"),
WHEREAS, Article XIIIB of the California State Constitution provides that local agencies may
recover costs associated with carrying out programs mandated by the State of California; and
WHEREAS, City desires to maximize its reimbursement for costs incurred in carrying out State
mandated programs, and has determined that engaging Consultant to assist in the mandated cost
claim preparation process is the most economical and cost effective means for preparing City's
state mandated cost claims; and
WHEREAS, Consultant is staffed with personnel knowledgeable and experienced in determining
the costs of governmental programs and in the submission of cost claims to the State of
California; and
WHEREAS, City desires to engage Consultant to assist in developing, submitting, and
negotiating cost claims pertaining to state mandated programs.
NOW, THEREFORE, the parties hereto mutually agree as follows:
(1) Engagement. City agrees to engage Consultant and Consultant hereby agrees to perform
the following services.
(2) Scope of Services. Consultant shall perform, and carry out in a professional manner the
following services subject to the provisions of Section (8) below.
A. Prepare and submit cost claims pursuant to the Controller's 2006 annual claiming
instructions that require claims to be submitted to the State by January 15, 2007.
B. Prepare and submit other new or first-time cost claims pursuant to the Controller's
claiming instructions which are issued in accordance with parameters and
guidelines received from the Commission on State Mandates and mailed to local
agencies during the 2006-2007 fiscal year. For the purposes of this Agreement,
claims covered under this section shall include all claiming instructions issued
with due dates other than January 15, 2007.
C. Monitor the general payment status of all claims submitted on behalf of City
pursuant to this Agreement.
D. Provide advice to the City regarding questions associated with any claims filed by
Consultant from the State Controller's office. Test claims and incorrect reduction
claims are not covered under this Agreement.
Cost claims submitted by Consultant may consist of both direct' and indirect costs.
Consultant may either utilize the ten percent (10%) indirect cost rate allowed by the State
City of Vernon - 1 - 4/10/2006
Contract Number: 06F-174
Controller or calculate a higher rate if City records support such a calculation.
Consultant is not required to prepare a central service cost allocation plan or departmental
indirect cost rate proposals for City.
(3) Provision of Services. Consultant shall commence, carry on, and complete the services
with all practicable dispatch, in a sound, economical„and efficient manner, in accordance
with the provisions herein and all applicable laws. In providing services, Consultant shall
take such steps as are appropriate to ensure that the work involved is properly
coordinated with related work being carried on by City.
(4) Personnel. Consultant represents that it has, or will secure at its own expense, all
personnel required in performing the services under this Agreement. All of the services
required hereunder will be performed by Consultant or under its supervision, and all
personnel engaged in the work_ shall be fully qualified to perform the services described
herein.
(5) Term of Agreement. This Agreement shall become effective on July 1, 2006, and shall
continue in full force and effect until September 30, 2007.
(6) Time of Performance. The services to be performed hereunder by Consultant shall be
undertaken and completed in such sequence as to assure their expeditious completion in
order to best carry out the purposes of this Agreement. All claim filing services required
hereunder shall be completed by the required date for each specific claim. Provided
however, Consultant shall not be liable for delays in performance that are caused in
whole or in part by City, third parties over which Consultant does not have the legal right
to control or forces de majeure.
(7) Costs and Method of Compensation. For all of the above services provided, section (2),
the City agrees to pay Consultant compensation in a fixed fee in the amount of three
thousand five hundred dollars ($ 3,500). The Consultant will render to the City
invoice(s) for the fixed fee specified herein, with payment due on or before July 31, 2007.
Invoices unpaid sixty (60) days after July 31, 2007, will bear interest at the rate of 1% per
month.
(8) Waiver of Submission of Claim(s) Pursuant to Section (2) A & B. Notwithstanding any
other provisions of this, Agreement, the submission of claims pursuant to Section (2) A
and B may be waived as set forth below. Upon waiver exercised by either party, City
shall pay Consultant for all work performed up to and until the effective date of waiver in
an amount not to exceed the maximum dollar amount indicated in Section (7) and on the
payment schedule as indicated below:
Effective date of waiver prior to: Percentage of fee due:
November 1 33.3%
March 1 66.7%
July 1 100%
A. At CityOption. At the sole discretion of City, City may instruct Consultant to not
file a specific claim or claims pursuant to a specific State claiming instruction. Such
instruction must be in writing and provided to Consultant at least thirty (30) days prior to
City of Vernon -2- 4/10/2006
Contract Number: 06F-174
the due date of the claim. The effective date of City's waiver shall be the date Consultant
receives City's written instruction.
B. At Consultant Option. At the sole discretion of Consultant, Consultant may notify
City of its intention to not pursue a specific claim and the reasons therefore. Such
notification must be in writing and provided to City not less than thirty (30) days prior to
the due date of the claim. The effective date of .Consultant's waiver shall be the date
Consultant mails its notification to City. Should Consultant not so notify City, City may
expect Consultant to pursue the claim if it is above the minimum limit set by the State.
(9) Services and Materials to be Furnished by City. Consultant shall provide guidance to
City in determining the data required for claims submission. Consultant shall assume
without incurring liability therefore that all data so provided is correct and complete.
Consultant shall make its best effort to file claims timely. Consultant shall not be liable
for claims that cannot be filed as a result of inadequate data, or data that is provided in an
untimely manner.
For. purposes of this Agreement, data that is requested by Consultant must be provided
within three (3) weeks of the request, or three (3) weeks prior to the filing deadline,
whichever comes first, to be deemed to have been received in a timely manner.
(10) Records and Inspections. Consultant shall maintain full and accurate records with respect
to all matters covered under this Agreement in accordance to State law. During such
period, City shall have free access at all proper times to such records, and the right to
examine and audit the same and to make transcripts therefrom. City shall provide thirty
(30) days written notice of its intent to inspect or audit any such records and shall conduct
such inspection or audit only during Consultants normal business hours. Any City
employee, consultant, subcontractor or agent who may have access to such records shall
execute a non -disclosure agreement prior to be granted such access.
(11) Third Party Obligations. City and Consultant are the only parties to this Agreement and
are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is
intended to gi-0e, or shall be construed to give or provide, any right or benefit, whether
directly or indirectly or otherwise, to third persons.
(12) . Copyright for Consultant's Proprietary Software. City acknowledges that the
deliverables provided by Consultant to City are generated by Consultant's proprietary
software. Nothing contained herein is intended nor shall it be construed to require
Consultant to provide such software to City. City agrees that all ownership rights to the
software lie with Consultant. City may use the deliverables for and on behalf of its
operation.
(13) When Rights and Remedies not Waived. In no event shall the making by City of any
payment to Consultant constitute or be construed as a waiver by City of any breach of
covenant, or any default which may then exist on the part of Consultant, and the making
of any such payment by City while any such breach or default shall exist in no way
impair or prejudice any right or remedy available to City in respect to such breach or
default.
City of Vernon -3 - 4/10/2006
Contract Number: 06F-174
(14) Consultant Liability if Audited. Consultant will assume all financial and statistical
information provided to Consultant by City employees or representatives is accurate and
complete. If audited, Consultant shall make workpapers and other records available to
the State auditors. Any subsequent disallowance of funds paid to City under the claim(s)
for whatever reason is the sole responsibility of City. However, if requested by City,
Consultant shall provide reasonable assistance to the City in defending claims at the desk
audit level if an audit results in a disallowance of at least ten percent (10%). Reductions
of less than ten percent (10%) shall not be contested by Consultant. Nothing in this
section or any part of this Agreement shall be construed to include Incorrect Reduction
Claims preparation.
(15) Independent Contractor. The parties intend that Consultant, in performing the services
specified in this Agreement shall act as an independent contractor and shall have full
control of the work and the manner in which it is performed. Consultant and Consultant's
employees are not to be considered agents or employees of City for any purpose.
(16) Insurance. Consultant shall maintain appropriate general liability insurance, workers'
compensation insurance, automobile insurance, and professional liability insurance. SEE
ATTACHED CHANGE
(17) Limitation of Liability. In no event shall Consultant be liable for indirect, special,
consequential or punitive damages. Consultant's liability to the City, for any reason
whatsoever and whether foreseeable or not, shall not exceed the total amount paid to
Consultant under this Agreement.
(18) Changes. Either party may, from time to time, require changes in the scope of services to
be performed hereunder. Such changes, which are mutually agreed upon by and between
the parties, shall be incorporated in a written and mutually executed amendment to this
Agreement.
(19) Notices. Any notices, bills, invoices, or reports required by this Agreement shall be
sufficient if sent by the parties in the United States mail, postage paid, to the address
noted below:
Contact Name: Lewis Pozzebon
Title: Director of Environmental Health
Address: 4305 Santa Fe Avenue, Vernon, CA 90058
Phone #: (323) 583-8811 x 229 Fax #:_(323) 588-4320
Email Address: 1pozzebon@ci.vernon.ca.us
MAXIMUS, Incorporated
4320 Auburn Blvd., Suite 2000
Sacramento, CA 95841
(916) 485-81,02 Fax: (916) 485-0111
Such notice shall be deemed delivered five (5) days after deposit in the U.S. mailbox.
City of Vernon - 4 - 4/10/2006
Contract Number: 06F-174
(20) Severability. Should any part, term, portion, section or provision of this Agreement be
decided finally to be in conflict with any law of the United States or the State of
California, or otherwise be unenforceable or ineffectual, the remaining parts, terms,
portions, sections or provisions shall be deemed severable and shall remain in full force
and effect.'
(21) Matters to be Disregarded. The titles of the sections, subsections, and paragraphs set
forth in this Agreement are inserted for convenience of reference only and shall be
disregarded in construing or interpreting any of the provisions of this Agreement.
(22) Completeness of Agreement. This Agreement and any additional or supplementary
document or documents incorporated herein by specific reference contain all the terms
and conditions agreed upon by the parties hereto, and no other agreements, oral or
otherwise, regarding the subject matter of this Agreement or any part thereof shall have
any validity or bind any of the parties hereto.
(23) Agreement Receipt. This Agreement must be signed and returned to Consultant by
August 5, 2006. If executed Agreement is not received by that date, Consultant cannot
warrant that claims will be submitted on a timely basis.
(24) Signature Authority. Each individual signing this Agreement certifies that (i) he or she is
authorized to sign this Agreement on behalf of his or her respective organization, (ii)
such organization has obtained all necessary approvals to enter into this Agreement,
including but not limited to the approval of its governing board, and (iii) when executed,
this Agreement is a valid and enforceable obligation of such organization.
(25) Arbitration. See attached change.
IN WITNESS W REOF, the City and the Consultant have executed this Agreement as of the
date first written below.
By:
See attached change (City Official)
Title:
ATTEST: . • • • ' "
Date:
C
Date: April 12, 2006
City of Vernon - 5 - 4/10/2006
AGREEMENT TO PROVIDE PROFESSIONAL CONSULTING SERVICES TO
THE CITY OF VERNON
Contract No. 06F-174 - CHANGES:
(16) Insurance. Consultant shall maintain appropriate
general liability insurance, workers' compensation
insurance, automobile insurance, and professional
liability insurance as set forth in Exhibit A attached
hereto and incorporated by reference.
(25) Arbitration. The parties agree that any and all
disputes arising out of or in relation to this
Contract, including without limitation any action in
tort, shall be resolved exclusively, finally and
conclusively by arbitration in Los Angeles County,
California under the auspices of and pursuant to the
rules of the Judicial Arbitration & Mediation Services
Inc. (JAMS). Each party will select an arbitrator.
Those two arbitrators will then select a third. The
.three -member panel will make the final decision. All
decisions of the arbitrators shall be in writing, and
the arbitrators shall provide written reasons for
their decision. The arbitration decision shall be
final and binding on the parties. Notwithstanding the
foregoing, the parties shall be permitted to access
the court system to enforce any arbitration award or
to obtain injunctive relief. The exclusive
jurisdiction and venue for any such action shall be
the Superior Court of California, Los Angeles County.
Any and all contracts between Consultant and any
subcontractor relating to this Agreement shall include
the same arbitration clause.
ADD CORRECT SIGNATURE BLOCK
CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
ATTEST:
BRUCE V. MALKENHORST, Acting City Clerk
APPROVED AS TO FORM:
ERIC T. FRESCH, City Attorney
18a
EXHIBIT A
INSURANCE SCHEDULE (CONSULTANT)
Consultant shall provide proof of insurance, including but not limited to, a standard original
certificate of insurance, in at least the following amounts and coverage (combined single limit
permitted):
I. Coverage and Limits
Bodily Injury Propertyage
Hazards Each Person Each Accident Each Accident
Automobile Liability
Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Hired Automobiles $ 500,000 $1,000,000 $ 500,000
Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000
Workers' Compensation $ Statutory
Employers' Liability $1,000,000 per employer
II. Liabilitv
General Liability
$1,000,000
$2,000,000
$1,000,000
Premises Operations
$1,000,000
$2,000,000
$1,000,000
Elevators (If Applicable)
$1,000,000
$2,000,000
$1,000,000
Independent Contractors
$1,000,000
$2,000,000
$1,000,000
Products - Completed Operations
$1,000,000
$2,000,000
$1,000,000
Contractual Liability
$1,000,000
$2,000,000
$1,000,000
Professional Liability
$2,000,000
$2,000,000
$2,000,000
a . The general liability policy shall contain the following special endorsements which shall
be noted on or attached to the standard certificate of insurance:
1. An original endorsement naming the City of Vernon, its officers, and employees as
additional insureds under the policy.
2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation
or material reduction of coverage.
3. An endorsement providing coverage for all operations under this Agreement and
specifying the activities covered.
4. Such other endorsement as may be required by City.
5. A copy of your general and professional insurance policy declarations page.
6. A copy of schedule of forms of endorsement.
b. In addition to the above, the Consultant shall provide such further proof of insurance
documentation as the City deems necessary.
EXHIBIT A
CITY COUNCIL,
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
1-° — • -
4305 Santa Fe Avenue, Vernon, California 90058
telephone (323) 583-8811
August 1, 2006
Maximus, Inc.
Attn: Allan Burdick, Vice President
4320 Auburn Boulevard, Suite 2000
Sacramento, CA 95841
Re: Agreement for Professional Consulting Services
Dear Mr. Burdick:
SOL BENUDIZ
Police Chief
MARK C. WHITWORTH
Acting Fire Chief
LEWIS J. POZZEBON
Director of Environmental Health
S. KEVIN WILSON
Director of Community Services
SHARON L. DUCKWORTH
Acting City Treasurer
The insurance requirements have been met. Transmitted herewith is a
fully executed agreement approved by City Council on May 24, 2006,
through Resolution No. 9044.
If you have any questions regarding this matter, please call Mr. Lewis
Pozzebon at 323/583-8811 ext. 229.
ery truly yours,
9
Nelly 4Gr n
Deputy City Clerk
NG:dr
CC: Lewis Pozzebon
Dolores Jaunzemis
Resolution No. 9044
Agreement File No. 06-059
Tulusiveiu 111bustrial
RISK MANAGEMENT OFFICE
i . + zy 4 Z I 1:
DATE: June 13, 2006
TO: Nelly Giron
Deputy City Clerk
FROM: Willard G. Yamaguchi l
Chief Deputy City Attorney/Acting Risk.Manager
RE: Maximus, Inc.
Please be advised that the above referenced has provided
acceptable insurance coverage.
This concerns Resolution No. 9044, Agreement File No. 06-059.
WY/kr
A
C: Lewis Pozzebon � ��i,�
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
June 6, 2006
4305 Santa Fe Avenue, Vernon, California 90058
telephone (323) 583-8811
Maximus, Inc.
Attn: Allan Burdick, Vice President
4320 Auburn Blvd., Suite 2000
Sacramento, CA 95841
Re: Professional Consulting Services Agreement
Dear Mr. Burdick:
SOL BENUDIZ
Police Chief
MARK C. WHITWORTH
Acting Fire Chief
LEWIS J. POZZEBON
Director of Environmental Health
S. KEVIN WILSON
Director of Community Services
SHARON L. DUCKWORTH
Acting City Treasurer
In accordance with Exhibit "A" attached Insurance Schedule
(Consultant) of said agreement, you are to furnish the City with proof
of insurance as set forth.
Please submit your insurance documents to Willard Yamaguchi, Acting
Risk Manager, for review and approval. Upon approval of said
documentation, this office will forward to you a fully executed
duplicate original agreement.
If you have any questions regarding this matter, please contact Mr.
Willard Yamaguchi at 323/583-8811 ext. 175.
truly yours,
Ne1is
Deputy City Clerk
NG:dr
cc: Willard Yamaguchi
Lewis Pozzebon
Resolution No. 9044
Agreement File No. 06-059