HomeMy WebLinkAboutMGT IMPACT SOLUTIONS, LLCINSURANCE NOT ON FILE
WORK MAY IVOT PROCEED
CITY CLERK
ATE
N-2024-375
D 2 AGREEMENT BETWEEN MGT IMPACT SOLUTIONS, LLC AND
QTD ( 1) CITY OF SANTA ANA FOR COST -CLAIMING SERVICES
Lea Martine
THIS AGREEMENT is made and entered into on this 24' day of October, 2024, by and between MGT
Impact Solutions, LLC, a Florida limited liability company ("Consultant") or ("MGT"), 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 $13,450.
b. Payment by City shall be made within thirty (30) days following receipt of proper invoice
evidencing work performed, subject to City accounting procedures. City and Consultant agree
that all payments due and owing under this Agreement shall be made through Automated
Clearing House (ACH) transfers. Consultant agrees to execute the City's standard ACH
Vendor Payment Authorization and provide required documentation. Upon verification of the
data provided, the City will be authorized to deposit payments directly into Consultant's
account(s) with financial institutions. 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 23, 2025, 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:
1. 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:
1. 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.
3. If coverage is canceled or non -renewed, and not replaced with another claims -made policyform
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 famish the Consultant with original Certificates of Insurance including all
required amendatory endorsements (or conies of the applicable policy language effecting coverage
reguiredby this clause) and a copy 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.
7. 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-DISCRIMINATION
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 party 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.
Notwithstanding the foregoing, MGT, or its permitted successive assignees or transferees, may assign or
transfer this Agreement or delegate any rights or obligations hereunder for internal assignments, mergers,
or transfers within MGT, including but not limited to: (i) to any entity controlled by, or under common
control with, MGT, or its permitted successive assignees or transferees; or (ii) in connection with a merger,
reorganization, transfer, sale of assets or change of control or ownership of MGT, or its permitted
successive assignees or transferees provided that MGT promptly notifies Client of such assignment,
merger or transfer and Client consents to such assignment, merger or transfer.
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 Impact Solutions, LLC
3600 America River Drive, Suite 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.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:
TAMARA BOGOSIAN
Senior Assistant City Attorney
RECOMMENDED FOR APPROVAL:
ROBERT RODRIGUEZ
Acting Chief of Police
CITY 7 SANT A
ALVARO NUNEZ
City Manager
MGT IMPACT SOLUTIONS, LLC
C
A. Trey Traviesa
CEO
Tax ID# 81-0890071
J
Proposal
OCTOBER 2, 2024
SB 90 STATE MANDATED
COST REIMBURSEMENT
SERVICES
t
f
Submitted by:
PATRICK J. DYER, VICE PRESIDENT
SOCIAL IMPACT SOLUTIONS - FISCAL
3600 AMERICA RIVER DRIVE, SUITE 150
SACRAMENTO, CA 95864
916.443.3411
PDYER@MGT.US
l
CITY OF SANTA ANA, CA
SB 90 STATE MANDATED COST REIMBURSEMENT SERVICES
OCTOBER 2, 2024
Table of Contents
TRANSMITTAL LETTER..........................................................................................
1
FIRMPROFILE.........................................................................................................
2
FIRMPROFILE..........................................................................................................
3
EXPERIENCE AND QUALIFICATIONS OF KEY PERSONNEL .................................
5
PROJECT APPROACH............................................................................................
7
SCOPE OF SERVICES...............................................................................................
7
WORKPLAN.............................................................................................................
8
PROFESSIONALFEES.............................................................................._............10
MCT MGT.US
1
Transmittal Letter
October 2, 2024
Ms. Kathryn Downs
MCOT
Executive Director of Finance and Management
City of Santa Ana
20 Civic Center Plaza
Santa Ana, CA 92701
Subject: Proposal for State Mandated Cost Claiming Services (SB 90)
Dear Ms. Downs:
We appreciate the opportunity to provide the City of Santa Ana (City) with this proposal for State
Mandated Cost Claiming Services (SB 90). MGT Impact Solutions 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.
• 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(a)mot.us. As a
Vice President, I am authorized to make commitments, including financial ones, on behalf of
MGT for all aspects of this proposal.
Patrick J. Dyer, Vice President
Authorized to bind the Firm
MC,T CITY OF SANTA ANA, CA I OCTOBER 2, 2024 PAGE
SB 90 STATE MANDATED COST REIMBURSEMENT SERVICES
1
Firm Profile
Impacting communities for good.
MGT brings 50years of experience driving
positive social change and performance in
education, government, nonprofits, and critical
infrastructure/private industries through
assisting clients to strengthen their foundation,
change systematically, and enable resilfencfes for
long-lasting change. Since inception, MGT has
significantly grown in size and capacity —
working with state and local governments and
education partners. Today, we bring a team of
over 900 professionals who offer in-depth
market knowledge and understanding so we can
hit the ground running.
MGT is a privately held, employee -owned and
financially stable limited liability company with a
deep roster of staff and a commitment to serving
the public. Our clients care about addressing the
world's most -pressing problems, and so do we.
Their "why" is our why.
MGT I FIRST LOOK
Name: MGT Impact Solutions, LLC (MGT)
Locations: Headquarters in Tampa Florida;
branch offices nationwide
Cooperative Contracts:
Allied States Cooperative (ASC) #23-
7449
The Interlocal Purchasing System
(TIPS) #220601
Structure: Privately held, employee -owned,
client -driven Limited Liability Company
Lines of Business: Strategy and
Implementation, Performance and
Operations, IT Infrastructure, and Cyber
Security and Resilience for public sector
and commercial companies.
What sets us apart is our ability to customize and offer individualized support but also the
resources of a larger infrastructure to enable flexibility in impacting to -scale. Throughout our
history, MGT has successfully delivered more than 30,000 projects through a thoughtful balance
of balancing the "immediate" needs while changing systems to plan for future resilience and
success.
Our Commitment
MGT embraces the most complex challenges on the leadership agenda, with deep commitment,
agility, and local expertise to make a measurable and profound impact. Simply stated, We are
impacting communities for good.
MGT .so
Magister Gratia Talentum N 900
Expertise Service Talent
consultants
I 'y
-j".30,000
1.
Projects
MGT CITY OF SANTA ANA, CA I OCTOBER 2, 2024 PAGE 2
SB 90 STATE MANDATED COST REIMBURSEMENT SERVICES
FIRM PROFILE
A Social Impact Commitment
DEFINED BY IMPACT
Making a profound impact on society is at the heart of who we are and what we do. The City
of Santa Ana should be proud to make a difference in the lives of the citizens in your
community, and we are proud to work with you toward this goal. Our team empowers
organizations through innovations in people, processes, and technology to lift and
strengthen your solutions.
MGT's Expertise
Our firm includes more than 900 professionals, structured into the following primary groups,
along with various internal infrastructure groups to support our operations and growth.
-�D Strategy & Implementation p4 IT Infrastructure & Digital
Working alongside an organization's
C-suite, we help leaders co -create
strategy through organizational
reviews and data analytics to create
actionable roadmaps for success.
Cyber Security & Resilience
From real-time, 24/7 monitoring to
proactive threat detection and rapid
incident response, we can give you the
tools to heighten your network's
security posture and keep it there.
We provide engineering expertise to
modernize IT infrastructure and
ensure your technology
implementation is properly designed,
integrated, modernized, and
maintained.
Performance & Operations
Bridging the gap between strategy and
enduring change, we support efficient
revenue allocation, promote economic
development, and create fairness in
hiring and contracting systems.
MC,T SB 90 TATE MANDATED COST ORE REIMBURSEMENT SERVICES PAGE 3
FIRM PROFILE
Our MGT Vision Markets we serve
To achieve our mission of being the social impact and performance leader in • Higher Education
our industry, we are continuously improving to earn the privilege of being . Prek-12
selected as our clients' partner of choice in the mission -critical domains we
impact. By elevating education systems, managing and securing critical • Government
networks, solving complex human capital and fiscal problems, and . Nonprofits
advancing equity as a performance imperative, we can impact communities,
for good through client partnership. . Commercial Industries
We deliver these solutions through our "three-point stance" of technology,
education, and performance offerings. With our long-term vision of creating profound social impact
through client performance, we seek out the "best of the best" to join us in our work supporting clients'
top priorities.
PEOPLE
We believe in the power of
connecting people and ideas which
solve mission critical. complex
challenges to foster atNatCd
connection with wr clients ... for life.
MC,T
PURPOSE
We are led by a vansformative move
meet, fueled by people. innovation,
and solutions designed to provide
enduring opportunities for prosperity
and well-being.
PERFORMANCE
We partner with tlMnts to advance
teaming outcomes, reduce
operational costs, recover revenue,
improve workflows, and provide
resilient and hardened tecMology
networks and infrastructure.
CITY OF SANTA ANA, CAI OCTOBER 2, 2024
SB 90 STATE MANDATED COST REIMBURSEMENT SERVICES
PAGE 4
EXPERIENCE AND QUALIFICATIONS OF KEY PERSONNEL
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 primarily 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 SB 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.
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, towns, 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 will oversee the daily work of the project and ensure project implementation
occurs on schedule and in accordance with all project requirements. She will be responsible for
the following:
Development of the overall project plan
Staff interviews
Timely submittal of claims to State Controller
Interfacing with the SCO related to field audits
Responding to desk reviews performed by the SCO
MC -FT SB 90 STATE MANDATED COST REIMBURSEMENT SERVICES PAGE 5
EXPERIENCE AND QUALIFICATIONS OF KEY PERSONNEL
RACHEL KING, SENIOR CONSULTANT I PROJECT CONSULTANT
Ms. King is Senior Consultant with MGT with over three years of experience specializing in
advising government agencies on the implementation, compliance, and reimbursement
processes related to SB90 (Senate Bill 90). She helps government agencies navigate the
complex requirements of SB90, ensuring they are properly compensated for the costs of
complying with state mandates. With her strong analytical skills, attention to detail, and a deep
knowledge of government operations are essential for SB90, she is a valuable member to
projects.
She will also 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:
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
MC -PT SB90T TEMANDAT D COST REIMBURSEMENT SERVICES PAGE
Project 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 and Towns 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.
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.
M`OT CITY OF SANTA ANA, CA I OCTOBER 2, 2024 PAGE 7
SB 90 STATE MANDATED COST REIMBURSEMENT SERVICES
PROJECT APPROACH
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.
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.
CITY OF SANTA ANA,
I MGT SB 9 STA E MANDAT DCOOSTOREIMBURSEMENT SERVICES PAGE 8
PROJECT APPROACH
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 UpdatesO, a series of e-mail
communiques designed to keep our clients
up to date with the latest mandate ,
0 INSTANT 9 DATE
legislation, California Commission on State '
Mandates decisions, and state agencyIN THIS ISSUE
interpretations. MGT will sort through all of 4,.. .
the pertinent activity to provide the City with - -
the most relevant information throughout
the year, saving the City time and resources. MCT
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.
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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.
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.
MCT SB 90 STATE MA DAT DI CCOSTOBER REIMBURSEMENT SERVICES PAGE 9
Cost
MGT looks forward to continuing our partnership with Santa Ana. MGT proposes to perform the
services included in this proposal for fiscal year 2025 for a fixed fee of $13,450. This price
includes filing all eligible annual claims due February 15, 2025, and any new claims due during
fiscal year 2025.
Professional Fees
MC -PT CITY OF SANTA ANA, CA I OCTOBER 2, 2024 PAGE 10
SB 90 STATE MANDATED COST REIMBURSEMENT SERVICES