Loading...
HomeMy WebLinkAboutMGT OF AMERICA CONSULTING, LLC (4)INSURANCE NOT ON FILE N-2023-312 WORK MAY NOT PROCEED CITY CLERK DATE: NOV 17 2023 0 • P (°� AGREEMENT BETWEEN MGT OF AMERICA CONSULTING, LLC AND C S• Cas��si@)'""� CITY OF SANTA ANA FOR COST -CLAIMING SERVICES THIS AGREEMENT is made and entered into on this 121 day of October, 2023, by and between MGT of America Consulting, LLC, a Florida limited liability company ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a Consultant having special skill and knowledge in the field of providing state mandated cost -claiming services pursuant to Senate Bill (SB) 90. B. Consultant represents that it is able and willing to provide such services to the City. C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services described and set forth in Exhibit A, attached hereto and incorporated by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended during the term of this Agreement shall not exceed $12,925. b. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above through October 11, 2024, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent Consultant and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 6. INSURANCE Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than-$1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregatelimit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the generalaggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Codel (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non -owned), withlimit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the Consultant requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Consultant. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The Consultant, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connectionwith such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Primary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 0104 13 as respects the Consultant, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Consultant, its officers, officials, employees, or volunteers shall be excess of the Consultant's insuranceand shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the Consultant. Waiver of Subrogation Consultant hereby grants to Consultant a waiver of any right to subrogation which any insurer of said Consultant may acquire against the Consultant by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiverof subrogation, but this provision applies regardless of whether or not the Consultant has received a waiver of subrogation endorsement from the insurer. Self -Insured Retentions Self -insured retentions must be declared to and approved by the Consultant. The Consultant may require theConsultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or Consultant. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best's rating of no less than A: VII, unless otherwise acceptable to the Consultant. Claims Made Policies If any of the required policies provide coverage on a claims -made basis: The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five-(5) years after completion of the contract of work. If coverage is canceled ornon-renewed, and not replaced with another claims-madepolicyform with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimum of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the Consultant with original Certificates of Insurance including all require amendatory endorsements (or conies of the applicable policy language effecting coverage requiredby this clause) and a cony of the Declarations and Endorsement Page of the CGL policy listing allpolicy endorsements to Consultant before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant's obligation to provide them.The Consultant reserves the right to require complete, certified copies of all required insurance policies,including endorsements required by these specifications, at any time. Subcontractors Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that Consultant is an additional insured on insurance required from subcontractors. Special Risks or Circumstances Consultant reserves the right to modify these requirements, including limits, based on the nature of therisk, prior experience, insurer, coverage, or other special circumstances. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. NON-DISCRII41NATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, gender identity, gender expression, gender, medical conditions, genetic information, or military and veteran status, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, teaching, training, utilization, promotion, termination or other employment related activities or any services provided under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each parry to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 14. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 15. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product(s) completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 19. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City Clerk City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax:714-647-6956 With courtesy copies to: Chief of Police City of Santa Ana 60 Civic Center Plaza Santa Ana, California 92702 Fax:714-245-8116 To Contractor: MGT of America Consulting, LLC 3600 American River Dr., Ste 150 Sacramento, CA 95864 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. The Agreement is the final and complete agreement and any prior or contemporaneous agreements for similar services between the parties is superseded by this Agreement. This shall not apply where the Parties are currently engaged and Consultant is providing services not contemplated by this Agreement C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. N-2023-312 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: enmfer L alb 1\ r \\J) APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: / 1 � awdl� TAMARA BOGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: ROBERT RODRIGUEZ Acting Chief of Police CITY OF SANTA ANA Steve. Mendoza Acting City Manager MGT CONSULTING Patrick J. Dyer Vice President EXHIBIT A Proposal SEPTEMBER 28, 2023 SB 90 State Mandated Cost Reimbursement Services CITY OF SANTA ANA, CALIFORNIA *•*' M GT CITY OF SANTA ANA CA SB 90 STATE MANDATED COST REIMBURSEMENT SERVICES MAY 5, 2023 Table of Contents TRANSMITTAL LETTER....................................................................................................1 COMPANYPROFILE.........................................................................................................3 FIRMPROFILE.....................................................................................................................3 EXPERIENCE AND QUALIFICATIONS OF KEY PERSONNEL................................................4 TECHNICALAPPROACH...................................................................................................5 SCOPEOF SERVICES...........................................................................................................5 WORKPLAN........................................................................................................................6 PROFESSIONAL FEES..........................................................................................................8 '!P% MGT MGTCONSULTING.COM +*i*- M G T Transmittal Letter September 28, 2023 Mr. Leo Martinez Senior Management Analyst Santa Ana Police Department 60 Civic Center Plaza Santa Ana, CA 92701 Subject: Proposal for State Mandated Cost Claiming Services (SB 90) Dear Mr. Martinez: We appreciate the opportunity to provide the City of Santa Ana (City) with this proposal for State Mandated Cost Claiming Services (SB 90). MGT of America Consulting, LLC (MGT) believes that we offer the City solutions that will meet your specific objectives while providing the best value. MGT is uniquely qualified to provide the City with the best staffing and highest level of service available in the state mandate claiming area. Our primary goal for this SB 90 engagement is to produce and file state mandated cost claims that maximize revenue while being technically sound and accurate. We will continue to provide the City with our turn -key approach to state mandated cost claiming while minimizing the impact on your department staff and resources. The MGT consultant, Diana Hancock, proposed for this engagement has been preparing and filing Santa Ana's SB 90 claims for more than seven years and is familiar and knowledgeable with your City's process and needs. Full Suite of SB 90 Services Tailored for the City— MGT continues to offer a full suite of SB 90 services to the City with all annual claims due on February 151", plus all new or first-time claims that are due during the fiscal year, for a fixed fee. Please see the cost section in this proposal for pricing details. In addition to annual and new claim preparation, this proposal includes up to four hours of audit assistance plus SB 90 program training and updates on what's happening with SB 90 payments and future eligible programs. Leaders in Local Government SB 90 Services— No other firm comes close to meeting our staff experience, knowledge, and expertise. MGT is the only firm that has multiple consultants with over 15 years of experience in the SB 90 arena. For more than ten years our professional staff have been key partners in the City's SB 90 claiming process. We appreciate the opportunity to continue this partnership. If you have any questions, please contact Patrick Dyer at 916.502-5243 or by email at Pdver@metconsultine.com. As a Vice President, I am authorized to make commitments, including financial ones, on behalf of MGTfor all aspects of this proposal. 0 3600 American River Dr, Suite 150 1 Sacramento, CA 95864 1 916.443.34111 mgtconsulting.com TRANSMITTAL LETTER Sincerely, Patrick J. Dyer, Vice President Performance Solutions Group 3600 America River Drive, Suite 150 Sacramento, CA 95864 916.443.3411 pdyer@mgtconsulting.com 0 3600 American River Dr, Suite 150 1 Sacramento, CA 95864 1 916.443.3411 1 mgtconsulting.com Company Profile Firm Profile MGT of America Consulting, LLC (MGT) began operations in 1974 as a public sector research firm and has expanded its consulting capabilities and client offerings over the years. We are a national consulting firm specializing in assisting public sector clients to operate more efficiently and effectively. A significant portion of MGT's work is repeat business, reflecting a high level of customer satisfaction in our ability to provide exceptional professional services. MGT is organized as a privately held, employee -owned and financially stable limited liability company with a deep roster of experienced cost allocation experts, support resources, and a commitment to serve the public. MGT is owned by the current and retired partners, principals, and consultants of the firm. The advantage of this ownership structure to our clients is that every member of the firm has a vested interest in the successful completion of every project, for every client. This ownership structure creates a mindset that permeates through every MGT owner: we change the communities we serve —for good MGT has acquired a keen understanding of the structures, operations, and issues facing public agencies. This d t din comes from nearl 50 ears of extensive .'.•. MGT FIRM AT GLANCE Name: MGT of America Consulting, LLC (MGT) Founded: 1974 Locations: Headquarters in Tampa Florida; branch offices nationwide Staff: 500+ consultants with a deep roster of experienced costing experts Structure: Privately held, employee - owned, client -driven Limited Liability Company Lines of Business: Government Consulting, Education and Financial Solutions, Diversity and Inclusion, Human Capital, Cyber Security and un ers an g Y Y experience providing financial and management consulting services to state and local governments, and the prior work experience of our consultants. We are not the biggest, oldest, or highest profile consulting firm; just the best for combining firm qualifications and consultants' cost allocation expertise with the needs of cities, counties, and state agencies. Prior to working as consultants, many of our consultants worked in government agencies as managers and staff. This inside knowledge and understanding of government give our consultants an ability to hit the ground running from the very start of a project. MGT consultants understand what it means to work within constrained timelines, and the need to produce a product that concisely and clearly articulates findings and results. CITY OF SANTA ANA CA I SEPTEMBER 28, 2023 PAGE 3 .❖.MGT SB 90 STATE MANDATED COST REIMBURSEMENT SERVICES EXPERIENCE AND QUALIFICATIONS OF KEY PERSONNEL The Social Impact of MGT's Work Defined by Impact We understand the goals of this SB 90 Claiming engagement and how these processes impact the citizens of the City of Santa Ana. Producing and filing state mandated cost claims ensures that general fund revenues are protected and are available to provide the City of Santa Ana's core services to its citizens. MGT is a service organization. Recognizing the end goals and the positive benefit that our work provides, and not treating these processes as a commodity, ensures that we are working towards a positive goal with our clients and producing the best possible outcomes. Experience and Qualifications of Key Personnel We believe our firm is uniquely able to assemble the most experienced, best qualified professional staff for this engagement. The City's project will continue to be exclusively staffed by consultants from our Sacramento office. PATRICK DYER, VICE PRESIDENT I PROJECT EXECUTIVE As Project Executive, Mr. Dyer will ensure that the project is appropriately and adequately staffed and completed on schedule. Mr. Dyer is also responsible for ensuring the City is completely satisfied with MGT's services and will address and resolve any project management issues that may arise during the SEI 90 engagement. Mr. Dyer has over 26 years of experience with state and local government operations, consulting across a variety of areas: mandated cost claiming (SB 90), cost allocation, user fee analyses, and indirect cost rates. He has extensive experience in assisting agencies in the preparation and submission to state federal cognizant agencies of funding requests, claims for reimbursements, indirect cost rates and indirect cost allocation plans. Mr. Dyer has been personally involved with mandates since 1997, filed test claims, testified before the Commission on State Mandates, defended costs during field audits, prepared and filed claims as both a claimant and a consultant. Mr. Dyer is an available resource to discuss audit defense, desk reviews, test claims or any counsel your agency requires related to mandated costs. CITY OF SANTA ANA CA I MAY 5, 2023 .❖.MGT SB90 STATE MANDATED COST REIMBURSEMENT SERVICES PAGE DIANA HANCOCK, MANAGER I PROJECT MANAGER Ms. Hancock is a Manager with MGT and has over fifteen years of professional consulting experience working with local governmental agencies. She is experienced with large scope state mandated costs projects (SB 90), being responsible for coordination and submission of SB 90 claims, with extensive experience in defending clients in desk and field audits. She has participated in, managed, and completed more than 100 separate consulting engagements throughout his career for cities, counties, and special districts. Her wide range of experience, along with her exceptional organizational and interpersonal skills, makes her a significant asset to every one of her projects. Ms. Hancock has worked with the City to provide SB 90 claiming services since 2015. She will oversee the daily work of the project and ensure project implementation occurs on schedule and in accordance with all project requirements. She will have direct responsibility for coordinating the collection of all applicable data from all of the City's departments, and will also be responsible for the following: • Development of the overall project plan • Staff interviews • Preparation of all indirect cost rates (ICRP), mandated cost claims and claim review • Timely submittal of claims to State Controller • Interfacing with the SCO related to field audits • Responding to desk reviews performed by the SCO Technical Approach Scope of Services MGT provides true turn -key mandate cost claiming services to its clients, and our approach is based around personal interaction. Our staff is involved with our clients' claiming process throughout the year, providing proactive news, reports, and the earliest notification of new SB 90 claims possible. We provide our clients with claiming summaries and data collection guides to assist them in understanding all of the eligible components of each program. This process supplements the interviews that our staff conduct to ensure each department contact understands precisely what data is required, and what the internal deadlines are for submission. Most cities are at risk of desk reviews from the State Controller. We believe that part of our job is assisting your departments to understand the appropriate levels of documentation required for each claim the City files. Finally, the project manager will complete all claims, all indirect cost rate proposals, and compile all elements of the claims in electronic format and send to the City for review and signature well in advance of the claiming deadline. CITY OF SANTA ANA CA I MAY 5, 2023 PAGE 5 .❖.MGT SB 90 STATE MANDATED COST REIMBURSEMENT SERVICES TECHNICAL APPROACH MGT Consulting will provide the following services to the City: • Identify all possible SB 90 claiming opportunities. • Prepare and file all eligible annual SB 90 claims with the SCO. • Prepare and file all eligible first time or new SB 90 claims that are due during the fiscal year of the contract. • Provide assistance with SCO desk reviews and up to four hours assistance in responding to field audits. • Assist the City of with knowledge transfer and training on the eligible components of each State - mandated program. Work Plan MGT has identified the following order of activities as the most important milestones that must occur for the City to have a successful SB 90 claiming engagement. Task 1.0: NEW CLAIMS 1.1 Establish a schedule and approach needed to complete all new or first-time claims due within the fiscal year. 1.2 Assist department staff in understanding the specific mandated requirements for each new SB 90 program, and how the City complies with the specific reimbursable portions of each program. 1.3 Prepare all necessary department ICRPs associated with the new SB 90 program. 1.4 Prepare claims and perform a quality assurance review of the City's new SB 90 claim(s) to ensure the costs are supported by appropriate source documentation. 1.5 Provide the completed claims and ICRPs to the City for review and signature prior to the claiming deadline. 1.6 File the signed claims with the SCO prior to the deadline. Task 2.0: ANNUAL CLAIMS: DUE TO THE STATE BY FEBRUARY 15TH 2.1 Establish schedule and approach needed to complete all annual claims due to the state by February 15th. 2.2 Work with department staff in describing how the City complies with the specific mandated programs and help the City determine eligible costs. 2.3 Meet with staff to discuss data collection needs and establish deadlines for data to be due. 2.4 Prepare all necessary department wide ICRPs as they apply to the eligible SB 90 programs. CITY OF SANTA ANA CA I MAY 5, 2023 .❖.MGT SB 90 STATE MANDATED COST REIMBURSEMENT SERVICES PAGE TECHNICAL APPROACH 2.5 Prepare claims from the City for SB 90 programs and review the claims for completeness, propriety, and eligibility of costs. 2.6 Perform a quality assurance review of the City's SB 90 claims to ensure they mesh with the associated department ICRPs. 2.7 Discuss any potential or necessary changes with the appropriate City staff member. 2.8 Provide the completed claims and ICRPs to the City for review and signature prior to the claiming deadline. 2.9 File the signed claims with the SCO prior to the deadline. STATE MANDATE REIMBURSEMENT INFORMATION The SB 90 process is constantly changing and evolving. MGT will provide targeted, relevant communication on statewide issues, interpretations, and actions at the state capitol relating to the SB 90 process throughout the fiscal year via MGT Instant Updates©, a series of e-mail communiques designed to keep our clients up to date with the latest mandate legislation, California Commission on State Mandates decisions, and state agency interpretations. S13 90 INSTANT t DATE MGT will sort through all of the pertinent activity to provide the City with the most relevant information throughout the year, saving the City time and resources. AUDIT ASSISTANCE MGT will monitor State Controller requests or issues that could affect the City's SB 90 claims. MGT will also provide liaison assistance with the SCO at the desk review level. The SCO may call requesting additional information, or duplicate documentation that may have been misplaced in their offices. Our firm will field these calls and fulfill all appropriate requests without the need for the City's involvement, if possible. Nobody wants to see the SCO auditing their claims, but higher levels of scrutiny are a fact of life. Our team has extensive experience preparing local agencies for field audits and assisting in their representation beyond the exit conference. ON CalNornla State Budget w.m�.e.w�aa emaB >0,21 2221.22 201242 :toot w,wwu ww m w�awe waam prr..-.u:.� sawo emm n.Kw ww® e.YMw�-... 4° WM MId MAa M® vwf�i, K,ew iPY wtwaa ,T.uve �r,rykurr.4wsrt uuuer ov �� This engagement includes up to four hours of audit assistance. If the City requests additional audit assistance, MGT will bill the City at the Consultant's hourly rate. CITY OF SANTA ANA CA I MAY 5, 2023 .❖. MGT SB 90 STATE MANDATED COST REIMBURSEMENT SERVICES PAGE 7 Cost MGT looks forward to continuing our partnership with Santa Ana. MGT proposes to perform the services included in this proposal for fiscal year 2024 for a fixed fee of $12,925. This price includes filing all eligible annual claims due February 15, 2024, and any new claims due during fiscal year 2024. Professional Fees COVERED PROPOSEDCLAIMS FY 2022-2023 Annual Claims Payable upon receipt of New Claims filed during FY Fixed Fee of $12,925 quarterly invoices (July, 2 023-2024 September, December, March) CITY OF SANTAANA CA I SEPTEMBER 28, 2023 .O•.MGT SB 90 STATE MANDATED COST REIMBURSEMENT SERVICES PAGE