HomeMy WebLinkAboutAgr 2001-04-01 (DMG-Maximus)
TOWN OF TIBURON 1505 TIBURON BOULEVARD · TIBUkON . CALIFORNIA 94920 . (415) 435-7373
FAX (415) 435-2438
Office of the Town Clerk
April 5, 2001
Robin Perez, Administrative Supervisor
DMG Maximus
4320 Auburn Boulevard, Suite 2000
Sacramento, CA 95841
SUBJECT: AGREE1MENT FOR PROFESSIONAL SERVICES -
STATE MANDATED COST RECOVERY
Dear Robin:
Enclosed is a fully-executed copy of the above Agreement for your files.
Very truly you ,
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iane Crane Iacopi
Town Clerk
Enclosure
Cc: Town Manager
~wn Attorney
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AXIMUS ~~@~~w~~
Helping Government Serve The People
APR .. 4 2001 .
TOWN ATiCRNEY'S OFFICE
TOWN OF TlfilJRON
April 2, 2001
Ms. Ann Danforth
T own Attorney
T own of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 9lt92O
Dear Ms. Danforth:
Enclosed are two signed copies of the Agreement to Provide Mandated Cost Claiming
Services. After you have obtained appropriate signatures, please return one copy to
our Sacramento office.
Please call me at (916) lt85-8102 if you have any other questions or comments. We
value you as a client and appreciate the opportunity of working with you and your
s t a ff .
Sincerely,
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R06in Perez )
Administrative Sup.ervisor
4320 Auburn Boulevard, Suite 2000 · Sacramento, CA 95841 . 916.485.8102 · FAX 916.485.0111 j
AGREEMENT FOR PROFESSIONAL SERVICES -
STATE MANDATED COST RECOVERY
THIS AGREEMENT, made and entered this _ day of , 2001, by and between the
TOWN OF TIBURON, a political subdivision of the State of California, hereinafter called "Town,"
and DMG-MAXIMUS, an Illinois corporation licensed to do business in California, hereinafter
referred to as "Consultant,"
RECIT ALS
A. The Town is entitled to reimbursement by the State of California for certain costs incurred
pursuant to State mandates.
B. Consultant has particular expertise in the recovery of reimbursable costs, such that the Town
finds that it is in the Town's interest to retain Consultant to assist in obtaining the
reimbursement for which Town is eligible.
C. The parties wish to contract for the Consultant to provide the services described in Exhibit A
("Services"), which is attached hereto and incorporated herein by reference, in accordance
with all applicable State requirements.
AGREEMENT
1. Scope of Consultant Services. Consultant shall pursue and obtain reimbursement for all
claiming opportunities for which the Town is eligible because of expenses incurred during
fiscal years 1999-2000, 2000-2001 and 2001-2002 as described in Exhibit A ("Services").
Consultant may subcontract out certain of the Services to other Consultants only as may be
approved in advance in writing by Town. In the event of such subcontracting, Consultant
shall remain responsible for the full performance of such services.
2. Compensation. Consultant's fee for the Services shall be twenty-five percent (25%) of all
monies recovered on behalf of the Town. Payments shall be due thirty days after
submission of an itemized invoice showing work actually completed in a manner acceptable
to the Town and time and materials actually expended.
3. Standard of W ork~ Indemnity. Consultant shall perform the services in a skillful and
professional manner compatible with the usual, customary standard of Consultant's
profession. Consultant shall indemnify, defend and hold Town harmless from and against
claims, liabilities, suits, loss, cost, expense and damages to the extent caused by a negligent
act or omission of Consultant's in the performance of the Services pursuant to this
Agreement.
4. Consultant as Independent Contractor. Consultant (including its agents and employees) is
not an agent or employee of the Town but is an independent contractor not subject to the
direction and control of the Town. Without limiting the foregoing, Consultant shall
Cost Reimburs. Claims, DMG
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maintain complete control of its operations and personnel and shall be solely liable and
responsible to pay all required salaries, wages, expenses, taxes and other obligations,
including, but not limited to, withholding and Social Security.
5. Attendance at Hearings. If requested by the Town Planning Director, Consultant shall
appear at litigation and/or administrative hearings that pertain to the Project. Town shall
reimburse Consultant for such appearance( s) at the hourly rate specified in Exhibit A.
6. Audit of Books and Records. Town may, in its sole discretion, undertake an independent
audit and/or evaluation of the Consultant's records and accounts of expenditures and
program activities at its own expense. Consultant shall furnish all items necessary in the
Town's discretion to complete said audit and/or evaluation subject to restrictions on
confidentiality limited to expenditure or receipt of program funds, and program quality.
7. Insurance. Consultant shall maintain insurance as set forth below. Town shall be added as
an additional insured to all required insurance policies:
A. Comprehensive General Liability: Combined single limit of $1,000,000 for each
single occurrence and $2,000,000 annual aggregate.
B. Comprehensive Automobile Liability: Combined single limit of $1 ,000,000 for each
single occurrence and $2,000,000 annual aggregate.
8. Ownership ofDocuments~ Re-Use~ Indemnity,
A. All documents, including drawings and specifications prepared by Consultant
pursuant to this Agreement shall be the property of Town. Town acknowledges
that said documents are prepared for use only in connection with the Project
described in the Exhibit A. Consultant makes no representation that said
documents are suitable for re-use on any other project or on any expansion of the
Project. Any such re-use by Town without specific written approval by
Consultant shall be at Town's sole risk. Town shall indemnify and hold
Consultant harmless from all claims, losses, damages and expenses, including
attorneys fees, that may arise from Town's unauthorized re-use of said
documents for another project or for any expansion of the Project.
B. Nothing in this Section is intended nor shall it be construed to require Consultant
to provide its proprietary state mandated cost claiming software to the Town
9. Stop Work Order. Town may at any time, by written notice to Consultant ("Stop Work
Order"), require Consultant to stop or suspend performance of the Services, in whole or in
part, for a period of up to ninety days after such notice is delivered to Consultant. Upon
receipt of the Stop Work Order, Consultant shall immediately comply therewith and take
all reasonable steps to minimize the incurrence of costs allocable to the Services covered
by the Stop Work Order during the period of work stoppage. Within ninety days of the
delivery of the Stop Work Order, or such later time as may be agreed to by the parties, Town
shall either cancel the Stop Work Order or terminate this Agreement as provided in
Cost Reimburs. Claims, DMG
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Paragraph 13. Consultant shall resume work upon the cancellation of the Stop Work Order.
To the extent that the Stop Work Order results in a documentable increase in the cost of
performing the Services or the time required for such performance, Consultant shall receive
an equitable adjustment in compensation or an extension of time for performance, as
appropriate.
10. Delinquency. In the event that a proper invoice remains unpaid for more than 45 days after
submittal, Consultant may commence to charge interest of the unpaid amounts at the lesser
of 1.50/0 per month or the maximum rate allowed under applicable usury laws. In addition,
Consultant may suspend the performance of the Services after giving Town 10 days notice
of its intent to do so. In the event of such suspension, the Base Fee shall be increased to
include Consultant's reasonable costs of suspending and restarting the Services.
11. Termination of Contract. It is expressly understood that either party shall have the right to
terminate this agreement within five (5) days written notice to the other party. In such
event, Consultant shall deliver to the Town copies of all finished and unfinished surveys,
studies, documents, computer disks, and/or reports pertaining to the contract, and
Consultant shall be entitled to receive just and equitable compensation for any satisfactory
work completed through the effective date of termination.
12. Discrimination. In the performance of the terms of this Agreement, Consultant shall not
engage in nor permit others he may employ to engage in discrimination in the employment
of such persons based on race, color, religion, sex, sexual preference, age, or handicapped
conditions.
13. Services and Materials to be Furnished by the Town: The Consultant shall provide guidance
to the Town in determining the data required for claims submission. The Town will make
its best efforts to provide all data in its possession specifically requested by the Consultant,
including documentation and information, to the Consultant in a timely manner. The
Consultant shall assume all data so provided to be correct. Consultant shall make its best
effort to file claims in a timely manner pursuant to Scope of Services. Consultant shall not
be liable for claims that cannot be filed as a result of inadequate data or data provided in an
untimely manner. For purposes of this Agreement, data that is five years old or less that is
requested by the Consultant must be provided within three weeks of the request to be
deemed to have been received in a timely manner unless the circumstances are such as to
make it reasonable to request that the Town produce the data more quickly. It is the
responsibility of the Town to provide the Consultant with payment information upon receipt
of disbursements from the State for any and all claims filed pursuant to this Agreement.
14. Consultant's Liability if Audited: The Consultant will assume all financial and statistical
information provided to the Consultant by Town employees or representatives is accurate
and complete. Any subsequent disallowance of funds paid to the Town under the claims for
whatever reason is the sole responsibility of the Town.
Cost Reimburs. Claims, DMG
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15. Miscellaneous.
A. Other Contract Provisions. Other contract provisions are set forth in Exhibit A. To
the extent that there are any inconsistencies with such Exhibit and the other portions
of this Agreement, the latter shall prevail.
B. Governing Law. The laws of the State of California shall govern this Agreement.
C. Severabili tv. If any provision of this Agreement is found to be invalid or
unenforceable, the validity and enforceability of the remaining portions shall not be
affected unless the effect thereof would materially change the economic burden on
either party.
D. Successors in Interest: Assignment. This Agreement shall be binding on the assigns
and successors in interest to both parties. Neither party may assign their obligations
under this Agreement without the written consent of the other party.
Notwithstanding the foregoing, Consultant may assign this Agreement without the
further consent of the City to Consultant's parent corporation or to an affiliated
company that succeeds to business of Consultant contemplated herein
E. Entire Agreement Amendment. This Agreement represents the entire Agreement
between the parties. This Agreement may only be amended in writing.
IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to
execute this Agreement the day and year above written.
CONSULTANT TOWN OF TIBURON
Manager
APPROV~DAS T~: /_
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~Anri R. Danforth, Town Attorney
Cost Reimburs. Claims, DMG
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EXHIBIT NO.~ -
AXIMUS
Helping Government Serve The People
Sent Via Fax to 415-789-2828
January 17, 2001
Chief Matt Odetto
Police Deparrment
Citt{ Of Tiburon
1155 Tiburon
Tiburon, CA 94920
Subject: State Mandated Cost Claiming Services
Dear Chief Odetto:
D MG-MAXlMUS is pleased to submit this proposal to provide comprehensive Srate
Mandated Cost Claiming Services to the Citt{ of Tiburon's Police Department for the
2000-2001 fiscal t{ear claiming opportunities. As discussed, due to the passing of the
annual claims deadline and the nearness of the upcoming Peace Officer Bill of Rights
deadline, those claims will likely have to be filed late, however, they will still be eligible for
reimbursement. We propose to prepare, file, and respond to any State questions related to
those claims. Our services include all claiming opportunities for the Police DeparrmenT which
the STate Controller issues claiming inSTructions during the fiscal year. There are other
opportunities for other City departments, and we would be most pleased to assiST any or all
of those departments. The major deparrments include Finance, Planning, Citt{ Clerk, and Fire.
All opportunities listed beginning on the following page are described under the following
two headings:
> Annual Claiming Opportunities
>- All Other Claiming Opportunities
Those relaTed to the Police Department are in italics and nOTed with an asterisk. This
proposal is structured to include the proposed claiming opportunities, our firm's approach to
'lour City's claiming effort, advantages of DMG-MAXIMUS' service, and costs and method of
payment for this project.
Our Consultant fees have been reimbursed fullt{ by the State for over ten years and you
should expect most, if not all, of our fee to be reimbursed from the State for our claiming
services. In other words, there should be no cost to the Department. We currently serve
over 200 cities and counties and would welcome the opPortunity to serve the City of
Tiburon.
4320 Auburn Boulevard, Suite 2000 · Sacramento, CA 95841 . 916.485.8102 · FAX 916.485.0111
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Other opponuniUes - Claims Approved Bv The Commission On.State Mandates
There is one other law enforcement claims where the Commission has already determined
that reimbursable state mandated costs exist and Controller's claiming instructions have been
released. That claim is the following:
~ Pedce Officers Bill of Rights (I - includes the costs of personal/tabor relations, legal
counsel, and law enforcement officers that are involved in POBR mafiers to the extent that
exceed Skellev requirements. Claiming instructions for this claim should be released
earlv in fiscal years 2000-2001. This claim is due on Januarv 30, 2001 and cities can claim
costs beginning with the 1991t-95 fiscal year.
New Claims Pending Approval Bv The State
In addition to the claims already approved, there are also several other claims that are
pending before the Commission, which appear to have excellent chances for approval. In
some cases, the only question is the scope of the mandate and not whether a reimbursable
mandate exists. The claims in this category include the following:
~ Megan's Ldw(l - requires law enforcement agencies to provide a public access system
containing video photographs of sex offenders.
~ Stray Animals (Animal Adoption) - requires cities and counties to provide a wide
range of new services to stray animals.
~ Ldw Enforcement: Elder Abuse Trdining(l - requires all peace officers at the
supervisory level or below that has field or investigative duties to complete training in
elder abuse.
~ Sex Crimes Confidentidlitv(l - requires victims of sex crimes to be notified they have
the right to keep their name and address confidential, and if requested, the law
enforcement agency must do so.
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~ Domestic Violence Incident Reporting dnd Tredtment Services(l - requires law
enforcement to prepare an additional report at each domestic violence case.
~ Drunk Driver License Suspension {Admin Per Se)O - reimburses peace officers
costs for the time spent in the suspension or revoking of driver licenses when a driver is
arrested for driving under the influence.
~ Sexudl Hdrdssment Trdining in the Ldw Enforcement Workpldce(l- reimburses the
trainers and law enforcement officers receiving sexual harassment training.
~ Photogrdphic Record of Evidence (I - requires law enforcement agencies to provide a
photographic record of evidence in lieu of actual drugs for court proceedings.
IAXIMUS - 3 - January 17.2001
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OUR ApPROACH TO CLAIMING
TAilORED To FIT YOUR CITY
This section describes the general approach for meeting the various claiming deadlines and
requirements for the state mandated cost claiming process. We will tailor our approach to fit
'lour City's specific situation.
To make sure there is a complete understanding between all parties, DMG-MAXlMUS has
developed the following approach that should result in the highest su pportable
reimbursement possible. The following steps will be taken by DMG-MAXIMUS to complete
each claiming cycle:
~ Complete Planning & Scheduling - For each claiming CVcle, DMG-MAXIMUS will work with
the Department to develop separate plans and schedules for completing claims. The plan will
also identifv the roles and responsibilities of all persons involved with the process and th.e tasks
to be completed. Specificalll/. these activities include:
. DMG-MAXIMUS consultants will contact the Department's designated Mandated Cost
Claims Coordinator to discuss the approach and tentative schedule for work completion.
DMG-MAXIMUS will also work with the Coordinator to identifv all primarv contacts.
. DMG-MAXIMUS will contact each program liaison and provide them with information on
the specific mandate reimbursement needs required to file claims.
~ Documentation Procedures & Data Collection - DMG-MAXIMUS will work with the
Department to establish the necessarv procedures to document and track the data needed to
support each claim. DMG-MAXIMUS will collect mandated program information and help City
personnel understand what tasks are specifically reimbursable through the mandated cost
process.
~ Collect City Expenditure Data & Compensation Information - A key step in the data
collection process is to obtain all required financial data from the City's Finance Office. DMG-
MAXIMUS will gather salarv and benefit information and the annual expenditure report.
~ Prepare & File Claims - As the claims are prepared, DMG-MAXIMUS will inform the
Department's Mandated Claims Coordinator it there are anv problems, and assist in resolving
those problems. After completion of the claims, DMG-MAXIMUS will send the claims to the City
for review and signature. Finally. DMG-MAXIMUS will deliver the signed claims to the State
Controller by the deadline.
~ Provide On-Going Support & Respond to State Requests - After the claims are filed with
the State. DMG-MAXIMUS will send the Department a receipt listing all claims that were filed
and the amounts claimed. This claims receipt will be signed by a representative from the State
Controller's Office signifving timely claims submission. We will also respond to requests from the
Controller's staff and provide on-going assistance throughout the year. Due to the nature of
multiple claiming CVcles, DMG-MAXIMUS will maintain communications with the Departmenr
throughout the year.
IAXIMUS - 5 - January 17, 2001
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I COSTS AND METHOD OF PAYMENT I
This section describes the cost and pa~ment arrangements for DMG-MAXIMUS' State
Mandated Cost Claiming services for the Tiburon Police Department or all claims
which are eligible for the entire CitV.
. All Law Enforcement Claims: Contingent Fee
We propose to complete all annual and other new or first-time state mandated
cost reimbursement law enforcement claims where State Controller claiming
instructions are issued in the 2000-2001 and 2001-2002 fiscal vears for a
contingent fee of 30~ to a maximum of nine thousand dollars ($9,000). These
fees, which in no case shalt exceed the maximum amount listed above, are due
within four weeks of CitV receipt of reimbursement from the State.
OR
. All City Claims: Contingent Fee
We propose to complete all annual and other new or first-time state mandated
cost reimbursement claims where State Controller claiming instructions are
issued in the 2000-2001 and 2001-2002 fiscal years for a contingent fee of 30~
to a maximum of eleven thousand five hundred dollars ($11,500). These fees,
which in no case shalt exceed the maximum amount listed above, are due within
four weeks of Cit~ receipt of reimbursement from the State.
DMG-MAXIMUS is verv flexible, and will gladl~ tailor a pa~ment approach to meet
~our Cit~'s preferences. If ~our agenc~ prefers to structure this agreement differentl~
than what is presented in this proposal, we would be pleased to discuss it with ~ou.
Thank ~ou for considering our proposal. If ~ou have an~ questions, please contact me
in our Sacrani~nto office at (916) 485-8102. We hope to have the opportunit~ to work
with 'Lou and your staff.
Sincerely.
J J"
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.IAXIMUS - 8 - January 17, 2001
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