HomeMy WebLinkAboutMAXIMUS FINANCIAL SERVICES, INC. (MAXIMUS, INC.) 2ACity of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION FORM
Please complete this form when the attached agreement and all
amendments (if any) are no longer in effect.
Return form to the Clerk of the Council Office (M-30).
Call 647-6520 if you have any questions.
The agreement with
No. N-2009-138-002 was completed on
(List all amendments. Use space below if needed.)
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Revised 08-23-
L 2013
Office Use Only
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N-2009-137
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HELPING GOVERNMENT SERVE THE PEOPLE
RELEASE OF PRIOR LIABILITY
WHEREAS, City of Santa Ana ("Client") and MAXIMUS, Inc., a company incorporated
under the laws of the Commonwealth of Virginia, or its wholly-owned subsidiaries
("MAXIMUS"), (jointly, "the Parties"), entered into an agreement Agreement N-2008-
148, dated October 1, 2008 to perform SB-90 services for the Client, ("the Agreement");
WHEREAS, the Parties wish to mutually release each other of any liability arising from
the Agreement;
WHEREAS, the Parties acknowledge that the State of California has assessed, or will
assess penalties against Client for late filing of certain mandate reimbursement claims;
NOW, THEREFORE, the Parties agree as follows;
LVIAXIMUS shall reimburse Client for any late penalty assessed by California for
2007/08 SB-90 claims to a maximum of Thirty Thousand, Four Hundred Seventy-Nine Dollars
and Ninety Cents ($30,479.90). Said reimbursement shall be made within thirty (30)
days after Client receives from the State a notice of imposition of late penalty.
Within ten (10) days of City's execution of this Release, MAXIMUS shall refund to
Client Fourteen Thousand, Four Dollars and Seventy Cents ($14,004.7D), to reimburse
Client for penalties already imposed by the State against Client.
Subject to the foregoing reimbursement provision, the Parties hereby remise, release, and
forever discharge each other and their assigns, principles, subsidiaries, and administrators
from all actions, causes of action, claims and demands whatsoever, whether or not well
founded in fact or in law, and from all suits, debts, dues, sums of money, accounts,
reckonings, notes (or bonds), bills, specialties, covenants, contracts, controversies,
agreements, promises, trespasses, damages, judgments, executions, claims and demands
whatsoever, at law or in equity, arising directly or indirectly out of out of the Agreement
that either Party ever had or now has, or that any assigns, principles, employees,
constituents, representatives, or administrators may have against the other Party.
11419 SUNSET HILLS ROAD ~ RF.STON, VIRGINIA 2019Q ~ 703.251.8500 ~ 703.251,8240 FAX ~ WWW.MAXIMUS.COM
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HELPING GOVERNMENT SERVE THE PEOPLE `~
The Parties agree that the terms of this Release shall be considered Confidential
Information.
Agreed:
City of Santa
By: /~.
Name: ~qVE
Title: ('~,-~ Mr~~QOer
Date:_ /~ y _ ,ZOp q , 2009
MAXIMUS, ~ ,/' ,
By. .
Name:
Title: __ drank J, Mirkow
Date: ( ~~°.; , niracts , 2009
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ATTEST:
Maria R. Huizar
Clerk of the Council
APPROVED AS TO FORM:
Joseph W. Fletcher
City Attorney
By.
La /a Sheedy
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
Francisco Gutierrez
Executive Director
Finanace & Management Services
11419 SUNSET HILLS ROAD ~ RESTON, VIRGINIA 20190 ~ 703.251.8500 ~ 703.251.8240 FAX ~ WWW,MAXIMUS.COM
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HELPING GOVERNMENT SERVE THE PEOPLE
N-2009-137
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November 17, 2009
City of Santa Ana
Ms. Pamela Arends-King, Admin Services Director
20 Civic Center Plaza, P.O. Box 1988
Santa Ana, CA 92702
Re: SB-90 Mutual Termination and Release
Dear Ms. Arends-King:
I am writing with reference to the SB-90 Agreement between City of Santa Ana and MAXIMUS,
Inc. ("MAXIMUS") dated October 1 S`, 2008 (the "Agreements"). In order to resolve certain
differences that have arisen between the parties and in the interest of avoiding legal dispute,
MAXIMIJS proposes the following terms:
1. The parties agree that the Agreements are terminated by mutual consent effective
October 7, 2009.
2. Within ten (10) days of execution of the enclosed release by the parties, MAXIMUS
shall refund to City of Santa Ana the amount of $14,004.70 (Fourteen Thousand Four
Dollars and Seventy Cents).
3. The parties agree that payment of the refund amount described above, and up to a
maximum aggregate amount of Thirty Thousand, Four Hundred Seventy-Nine
and Ninety Cents ($30,479.90) shall extinguish all of MAXIMCTS' obligations to
City of Santa Ana under the Agreements and that neither party shall have any further
claims against the other arising out of the Agreements.
If the foregoing terms are acceptable to you, please sign where indicated on the following page
and return one signed version of this release to my attention at the following address:
MAXIMUS, Inc.
11419 Sunset Hills Road
Reston, VA 20190
Attention: Frank Mirkow
Please feel free to contact me at 703.234.3214 or frankmirkow(a,Inaximus.com at any time should
you have any questions or require additional information.
Sincerely,
Mirkow
or Contracts
11419 SUNSET HILLS ROAD ~ RESTON, VIRGINIA 20190 ~ 703.251.500 ~ 703.251.8240 FAX ~ WWW.MAXIMUS.COM