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CONTRACT 4115A CLOSED FIRST AMENDMENT TO AGREEMENT NO. 4115 BETWEEN THE CITY OF EL SEGUNDO AND MGT OF AMERICA,INC. THIS FIRST AMENDMENT("Amendment")is made and entered into this 15th day of October 2013,by and between the CITY OF EL SEGUNDO, a general law city and municipal corporation existing under the laws of California("CITY"), and MGT OF AMERICA, INC,a Florida corporation("CONSULTANT"). 1. Pursuant to Section 12 of Agreement No. 4115 ("Agreement"), Section 1 C is amended to read as follows: "1. CONSIDERATION. C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed twelve thousand six hundred dollars($12,600.0)for CONSULTANT'S services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit"A",which is incorporated by reference." 2. Pursuant to Section 12 of Agreement No. 4115 ("Agreement"),Section 2 A is amended to read as follows: "2. SCOPE OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit"A", which is incorporated by reference." 3. Pursuant to Section 12 of Agreement No. 4115 ("Agreement"), Section 8 is amended to read as follows: "8. TERM. The term of this Agreement will be from October 1, 2013 to September 30, 2016." 4. This Amendment may be executed in any number or counterparts,each of which will be an original,but all of which together constitutes one instrument executed on the same date. 5. Except as modified by this Amendment, all other terms and conditions of Agreement No. 4115 remain the same. [SIGNATURES ON NEXT PAGE] 4, 1 15A IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CIT"Y EL S!E�q��)N X) MGT OF AMERICA,INC. G11reg ei!ier, "I" J: 8r I i ley B,i I 1 11 rge,5 Cit ager Vr 11artner"" ATTEST: Taxpayer ID No. 59-1576733 1 r -y 'Wei�er, C�ty Clerk"", APPROVED iYy, -F(),j;1)RM, ': MARK D. H 1,7,N S City Attorney By: Karl H. Beqer,,Assistant City Attorney AMENDMENT "A" " 15 A 2001 P Stree1 URe 2010) MGT Sacr awrmm r try,CA 958'1.1 0 6: psi PA 11 R Via':(916)44',5...3411 V(916).443 1766 www.vvq oa arrw wica.corn October 8, 2013 Mr. Steve Jones Business Services Manager City of El Segundo 350 Main Street El Segundo, CA 90245 Thank you for the opportunity to continue the City's partnership with MGT of America (MGT). We are pleased to submit this proposal to the City of El Segundo (City) to provide State Mandate Cost Claims (SB 90) Consulting Services for the 2013-14 fiscal year. We propose to prepare and file all annual, and any new or first-time claims for State Controller claiming instructions that are issued during the 2013-14 fiscal year. Our services and proposed methodology, staffing plan, firm qualifications, proposed fees, and method of payment are all contained in our proposal. No other company can match our experience providing comprehensive state mandated cost reimbursement services. Below are key reasons why MGT is the best firm to meet the City's needs. 4w„ PROPOSED OINSUILTAIN'1""TO TIF E C11IiY- We propose to assign Frank Murphy as the MGT project manager and lead consultant. Mr. Murphy has led and managed numerous SB 90 and Cost Accounting consulting engagements over his 10 year career. He has worked with over 100 agencies including cities, counties and special districts on cost accounting and state mandated cost claiming projects. FiUILL SLIME Sri.. SIB '90 Sii:iw ii:,s °w"AR.011RIED FOR THE CiiTY - MGT will provide its full suite of SB 90 Service to the City for the same fee arrangement used in the past several years - fixed fee of$4,200 for annual and new claims filed in the fiscal year. Besides annual and new claim preparation, this proposal includes full audit assistance, technical and program training, and information reporting on state activities. ., COii..LAisoirRATii E oppiiFop,,, H - We will institute a very collaborative process to work closely with you and Finance's Department staff, as well as other affected department staff to guarantee the greatest level of success for this engagement. On-going communications and close coordination is the trademark of the MGT approach. Lir'Aii:EIRS iiiiN Il,,,c)CA,n.. Govi'i iiNMiEiN'T SIB 90 SiERVIICiH - No other firm comes close to meeting our staff experience, knowledge, and expertise. MGT is the only firm that has two consultants with over 20 years of experience in the SB 90 arena, and eight other Sacramento based consultants,with all but one having at least ten years of experience. MGT proposes to complete all aspects of this proposal related to any new claims released during 2013-2014, and all annual claims that are due on February 18, 2014, for $4,200 for annual claims CIF I' 0 A R�1:4 U 11 C 41 1 5-A -� Mr. Steve Jones October 8, 2013 Page 2 and new claims. This fee is inclusive of all other charges such as travel and administrative expenses. To simplify the contract renewal process for the City, we are also proposing two additional automatic renewal years using the same fees and contract terms. An additional benefit of this approach is this will provide a hedge against potential fee increases for the next three years, and will also make budgeting for this service easy and more predictable. Of course, the City may choose to cancel this contract provision at any time. As you have become accustomed to with MGT, our contract process is simple, and quick. The City of El Segundo's preferences drive the process: you may choose to use your own format for the agreement, or request a contract from MGT,whichever the City prefers. 2012-2013 Annual Claims due in 50% Payable on December 15, fiscal year 2013-2014 $4,200 fixed fee 2013, and 50%on March 15th, 2014 2013-2014 Annual Claims due in 50% Payable on December 15, fiscal year 2014-2015 $4,200 fixed fee 2014, and 50%on March 15th, 2015 2014-2015 Annual Claims due in 50% Payable on December 15, fiscal year 2015-2016 $4,200 fixed fee 2015, and 50%on March 15th, 2016 We appreciate the trust you have put in our firm, and we hope to have the opportunity to continue providing El Segundo with the best service possible by offering more tools and information, experienced and knowledgeable staff, and a guaranteed product. Please don't hesitate to call Guy Burdick at (916) 443-9236 x 4522 if you have any questions regarding this or any other SB 90 matter. You may also contact me directly at (916) 595-2646. We look forward to speaking with you in the near future. J. Bradley., ,�'� ,...., ss�. Senior Partner MGT of America, Inc. 0 I I 1 I I 1 6 PI I I,I A N'N c o I N C 4115 n ,re S'TA'TE MANDATE COST CLAIMS SCOPIE OF SERVICES Fiscal Years 2013-2014,2014-2015 and 2015-2016 u„ Il.pVl+ W..�IIIIIum :uu 4P411111111,10 OF Any city, county or special district that wishes to supplement existing revenue sources can file state mandate cost claims (SB 90 claims)with the California State Controller's Office. Like many public agencies in California, your agency may have difficulties generating sufficient revenue in recent years to match growing demands for service and increased costs. If your agency would like to partner with a consulting firm that specializes in SB 90 consulting, MGT of America (MGT) can do the following: Identify all possible SB 90 claiming opportunities Prepare and file all eligible annual FY 2012-2013 SB 90 claims with the SCO Prepare and file all eligible first time or new SB 90 claims that have claiming instructions issued during the 2013-2014 fiscal year Assist with payment tracking Assist with knowledge transfer and training related to the SB 90 process at the State level and also related to other local agencies in California W”a"u°i." �Po hm IV N 1"� P%11111 ()F There are many steps that go into the SB 90 work plan for an agency of this size and complexity,. However, MGT has identified the following order of activities as the most important landmark events that must occur for a successful SB 90 claiming engagement during FY 2013- 2014, 2014-2015 and 2015-2016 Quick and painless contract negotiations and approval Initial kick-off training with all applicable agency staff Additional on-site meetings as needed Identification of department fiscal and program contacts within the agency NEW CLAIMS: FIRST AND SECOND QUARTER OF FY 2013-2014, 2014-2015 an -2016 Establish a schedule and approach needed to complete all new or first-time claims due within the first quarter and second quarters of FY 2013-2014, 2014-2015 and 2015-2016. This includes on-site interviews with all applicable department personnel. Facilitate department staff describing how the agency complies with the specific mandated programs and assist your agency to determine eligible costs based on the following criteria: The test claim's Statement of Decision. The California Commission on State Mandates approved Parameters and Guidelines. The SCO's claiming instructions. How other agencies around the state are complying with and interpreting the mandate. Page I o-V7 11 MGT STATE MANDATE COSH`CLAIMS SCOPE OF SERVICES 11-iscai Yams 2013-2014,2014-2015 and 2015-2016 Prepare all necessary department-wide ICRPs in accordance with Office of Management and Budget(OMB) A-87. MGT consultants have prepared thousands of ICRPs over the past 25 years. We believe that our experience has developed a depth of understanding that is unmatched in the field. Receive claims from the single department SB 90 programs and review the claims for completeness, propriety, and eligibility of costs. Multi-department claims will be handled in a similar fashion, but MGT will add an additional level of scrutiny with these claims to ensure that no direct costs are double counted. Perform a quality assurance review of the SB 90 claims to ensure that the costs are supported by appropriate source documentation. Prepare claims and provide the completed claims and ICRPs for review and signature at least three weeks prior to the claiming deadline. File the signed claims with the SCO prior to the deadline. A114NUAII,,,.C11 A1111Wsm 111)UE"W"O THE S„i„ „i.iH.IBY 1::::1,13RUARY 15-th of 2814, 2815 and 2816 Establish a schedule and approach needed to complete all annual claims due to the state by February 15th of each applicable year. This includes on-site interviews with all applicable department personnel. Facilitate department staff describing how the agency complies with the specific mandated programs and assist in determining eligible costs based on the following criteria: The test claim's Statement of Decision. The California Commission on State Mandates approved Parameters and Guidelines. The SCO's claiming instructions. How other agencies around the state are complying with and interpreting the mandate. Prepare all necessary department-wide ICRPs in accordance with OMB A-87 guidelines. MGT consultants have prepared thousands of ICRPs over the past 25 years. We believe that our experience has developed a depth of understanding that is unmatched in the field. Receive claims for single department SB 90 programs and review the claims for completeness, propriety, and eligibility of costs. Multi-department claims would be handled in a similar fashion, but MGT would add an additional level of scrutiny with these claims to ensure that no direct costs are double counted. Perform a quality assurance review of the SB 90 claims to ensure that they mesh with the associated department ICRPs. Discuss any potential or necessary changes with the appropriate staff member. Provide the completed claims and ICRPs to the agency's coordinator for review and signature at least three weeks prior to the claiming deadline. File the signed claims with the SCO prior to the deadline. Ig of'7 MG STATE MANDATE COSH'CLAIMS SCO112E OF SERVICIES INscalI Years 2013-2014,2014-2015 and 2015-216 NEW CLAIMS;: HI D AND FOURTH QUARTER---FY 2013-2014, 2014-2015 and 2015-2018 <. Identify new claims that are expected to become mandated programs during 2013-2014, 2014-2015 and 2015-2016. Identify departments likely to be affected by these claims. As part of this step, MGT will provide early claim summaries and data collection requirements to provide a head start on documentation strategies. 3 Work with the appropriate department staff, as new claiming instructions are issued by the SCO, to establish schedules and approaches needed to complete all new or first-time claims due during the second two quarters of FY 2013-2014, 2014-2015 and 2015-2016. Establish schedule and approach needed to complete all annual claims due to the state by February 15th of each applicable year. This includes on-site interviews with all applicable department personnel. Facilitate department staff describing how the agency complies with the specific mandated programs and assist to determine eligible costs based on the following criteria: The test claim's Statement of Decision. ❑ The California Commission on State Mandates approved Parameters and Guidelines. ❑ The SCO's claiming instructions. ❑ How other agencies around the state are complying with and interpreting the mandate. ;Prepare all necessary department-wide ICRPs in accordance with OMB A-87. MGT consultants have prepared thousands of ICRPs over the past 25 years. We believe that our experience has developed a depth of understanding that is unmatched in the field. Receive claims for single department SB 90 programs, and review the claims for completeness, propriety, and eligibility of costs. Multi-department claims will be handled in a similar fashion, but MGT will add an additional level of scrutiny with these claims to ensure that no direct costs are double counted. Perform a quality assurance review of the SB 90 claims to ensure that they mesh with the associated department ICRPs. Discuss any potential or necessary changes with the appropriate staff member(s). Provide the completed claims and ICRPs to the agency's coordinator for review and signature at least three weeks prior to the claiming deadline. File the signed claims with the SCO prior to the deadline. MGT views the SB 90 process as a partnership between local government and our firm. We understand and recognize the agency's preference to have minimal involvement(when appropriate) in this process to conserve internal resources. We will always approach this SB 90 engagement from that perspective. We will keep you apprised of everything we are doing, but will manage all aspects of project coordination. We will consistently: Provide the list of all eligible claims, as well as individual program Claim Summary sheets and Data Collection forms. All of these concise summaries and forms are available in a variety of electronic formats(Microsoft Word, Excel, and Adobe PDF)to make use and disbursement of claiming information as easy as possible. Page 3 of '7 G STATE MANDATE DATE COST CLAWS SC011P)IE OF SIERME II®iscal 1°eam 20'13...2014,2014-2016 aind 2@x'15...2016 • Work in concert with the SB 90 Coordinator to coordinate the overall claiming process. Once again, minimal reliance will be placed on the agency's SB 90 Coordinator in this process. • Coax departments to ensure that all eligible claims are filed on time to avoid the 10 percent penalty. It is critical to work with the departments after the on-site interviews to ensure that all questions are answered and deadlines met. • Ensure that all eligible claims are filed on time, and upon request, provide written documentation explaining why the agency will not file certain claims. DATA COLLECTION The three components of data collection related to this engagement include: direct cost program data, indirect cost data, and supporting documentation. Direct Cost Program Data Collection Conduct individual meetings with departments to discuss all reimbursable mandated activities. Develop a schedule and plan for collecting the necessary data to ensure claims are completed well before the claiming deadlines. Departmental indirect Cost Data Collection Gather salary and benefit data from the accounting staff or the individual departments for all required fiscal years. Collect certain pages from the agency's cost allocation plan. Gather information required to prepare OMB A-87 compliant ICRPs. This will be carried out in concert with other department interviews. It is important that this step occur each year because departments reorganize, assignments shift, new personnel is hired, or personnel retire. Supporting Documentation Collection MGT will work with departments to determine the documentation that must be submitted to the state as attachments to claims, and what documentation should be maintained in archived files in case of the SCO inquiry or field audit. MGT will then collect only the documentation the SCO requires to be submitted. )Hfl:: p,N,V' 'I'tli'.'p?4 Y 014 a I.IF: n,%N uV dG II ry. D E IP 'IC:,:n g P011::,tj V ;,mu V p'da We believe there is no cookie cutter approach to successful orientation and training. Some of the department personnel are undoubtedly savvy and experienced with SB 90 claiming„ while others are likely to be new to the process. MGT will tailor its level of training to meet the needs of each department. As we have previously stated, early communication is the most important aspect of this component. We will consistently: r,z Provide electronic notification on upcoming mandate claims as soon as the Parameters and Guidelines for these programs are approved. This will be done primarily via e-mail and will provide both the key department personnel, as well as your Coordinator, the most complete view of upcoming SB 90 programs. IPage 4 of '7 MGT STATIE M INDATE COSH'CLAIMS SCOPE OF SERVICES Rscall Years 2013-2014,2014-2015 and 2015-2016 -_....w. ........... ............ Provide on-site training for both program and fiscal staff. It is important that both areas of each affected department understand the state's requirements and any specific issues related to the particular mandate from a programmatic and fiscal standpoint. In addition, we will provide a history and overview of the SB 90 program to any department staff that are new to the process. Assist to establish relevant, defensible source documentation standards for each claim within each of the claiming departments. Our goal for each of the claims is to ensure that documentation exists to establish that the mandate was performed and personnel costs are adequately documented. Provide perspectives related to how other agencies are interpreting and claiming each mandate to ensure nothing is missed. Provide guidance on the current acceptable range of costs being claimed by similar agencies so you will be aware of any foreseeable exposures existing at the claiming stage. L.,r%V IYiv° p IP'„11:„p1,8 "4.R , 'll"'vi;."0" Once data has been received by MGT, consulting staff will prepare all eligible claims on behalf of the agency using required SCO claim forms. Direct Costs Prepare all claims that apply to single departments. Once again, our experience will ensure that no cost components are misinterpreted or omitted. Coordinate and prepare all multi-department claims. Simply gathering data for mandates that span different departments is not enough. The data must be cross-referenced and analyzed to ensure that each department is capturing cost data for the same cases and are not misclassifying certain cases, a very common occurrence. Indirect Prepare ICRPs for all claiming departments. The ICRPs provide an approved method for claiming departmental indirect costs. The ICRPs will be prepared using the same software, methodology, and figures used to produce our clients' OMB A-87 Cost Allocation Plan. At this step, it is vital to ensure that no staff time being claimed as a direct cost in the claim is also included in the ICRP. Filing Procedures MGT will provide the SB 90 Coordinator with a clear, understandable process for receiving the completed claims/ICRPs and obtaining the necessary signatures. There will be no points of confusion as to where the completed claims should be mailed, or who is responsible for making sure the claims are received and filed with the SCO on time. MGT will perform one final quality control check to ensure that each claim has signed two original coversheets, all parts of the claim are included, and all required documentation is attached. MGT will hand deliver all signed claims received from the agency to the SCO on or before the stated deadline. We will also provide the SCO with a Declaration of Service form, as well as Claims Receipts for their staff to sign and return. IPage 5 oU7 T SIAT IE.:. MANDATE COST Q,...AN s SCOPIE OF" SERVICES Hscaa Years 2013-2014,2014-2015 David 2016­2016 MGT submits hard copies of all claims to the SCO. However, many of our clients prefer to share claims and ICRPs prior to claim submission electronically by converting all claims and ICRPs into Adobe PDF documents. We believe sharing documents results in many positive benefits. Sharing information between the department staff and MGT is very easy using e-mail. Adobe PDF claims can be stored electronically with both the consultant and the claiming departments. This process saves paper which is environmentally friendly, and also makes sharing claims with your claiming departments effortless. Remittance Tracking MGT will assist with all aspects of remittance tracking throughout the entire fiscal year. We will consistently: Provide copies of all claims receipts, declarations, and summary claiming reports. Assist with tracking claim payments made by the state. Now that the state has resumed this function, MGT will assist with this sometimes confusing process. tl tl II✓I e u':;!I,RN d ry "w V.,r 8..'.."II J b 4+V tl /:,U L n S V ti q is UplV n y;' The claiming process is obviously the key aspect of this engagement, but the ongoing support services that MGT offers are important complementary services to continuously upgrading your staff's knowledge basis, relations, and communications with the state and contract agencies, and anticipation of changes to the claiming process. Liaisons Assistance 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. We will field these calls and fulfill all appropriate requests without the need for your staff to get involved. In addition, our staff has extensive experience preparing local agencies for field audits and assisting in their � ,...�............m..m:m...... ...:.mmmm :.::..::w.:w.::...www iwww.w..... w. representation beyond the exit conference. MGT offers assistance and response on any current or „ N%''T' Ad a.a I a F A III I NI I A 171 u future field audit that may result from claims filed in the past. I"M pl I"lil r.m m, I'.,,R 110 uli 6 I uii g'IIII V I!4 Stags Updates u,bf ih,NW The SIB 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 Updatesc, a series of e-mail communiques designed to keep our clients up to date with the latest mandate legislation, California u Commission on State Mandates decisions, and M'' Page 6 of 7 �.. 4115 NIGT STATE MANDATE ATE os"r CLAWS SCOPE OF SERVICES II Years 2013-2014,2014-2016 and 2015 2016 state agency interpretations. MGT will sift through all of the pertinent activity to provide the most relevant information throughout the year, saving you time and resources. II" Ia ' Q V ''V V u11qd F d n .i V 7U II,,III°':eV:V!! MGT really wants your business and strives to make the contracting or purchasing process as simple as humanly possible. Our legal review time is minimal; requests for insurance verification are also handled quickly. The terms of this agreement may be renewed for two additional fiscal years, exclusively at your agency's option. This scope of services is written for the agency's 2013-2014, 2014-2015 and 2015-16 fiscal years. The initial term is July 1, 2013 to June 30, 2014. Two additional terms of services would be from July 1, 2014 to June 30th, 2015, as well as July 1, 2015 to June 30th, 2016. Pricing would remain the same as quoted in the proposal, letter or agreement. 1460/89 Administrative License Suspension Police 982/00 California Public Records Act (coming soon, 10 prior years) All 1022/99 Crime Victims' Domestic Violence Incident Reports Police 698/98 Domestic Violence Arrests and Victim Assistance Police 246/95 Domestic Violence Arrest Policies and Standards Police 1120/96 Health Benefits for Survivors of Peace Officers & Firefighters HR/Benefits 956/01 Identity Theft Police 901/00 Local Government Employee Relations HR/Attorney 182/01 Municipal Storm Water and Urban Runoff Discharges (select agencies only) Pub Works 630/78 Peace Officers Personnel Records: Unfounded Complaints & Discovery Police 675/90 Peace Officers Procedural Bill of Rights Police 999/91 Rape Victims Counseling Center Notices Police 1249/92 Threats Against Peace Officers Police I17 of '7