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HomeMy WebLinkAbout2008-236 1 Resolution No 2008-236 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A PURCHASE ORDER TO SUCABA 4 COMPANY, INC. (SUCABA) FOR THE PROVISION OF WORKERS' COMPENSATION AND LIABILITY CLAIMS SOFfW ARE SERVICES. 3 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION I: The Purchasing Manager is hereby authorized to issue a Purchase Order t 8 SUCABA Company, Inc. for software services for the Workers' Compensation and Liabilit 9 Divisions for a total amount not to exceed $43,000 for fiscal year 2008-2009 with two (2) one (1 10 year extensions. 11 SECTION 2: The Purchase Order shall reference this Resolution No. 2008- 336 12 and shall read, "SUCABA Company, Inc. for the provision of workers' compensation and 13 liability claims software services, P.O. No. , not to exceed $43,000," and shall 14 15 incorporate the terms and conditions of this Resolution. 16 SECTION 3: The authorization to execute the above mentioned Purchase Order is 17 rescinded if not issued within sixty (60) days of the passage of this Resolution. 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III III III 2008-236 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING A PURCHASE ORDER TO SUCABA COMPANY, INC. (SUCABA) FOR THE PROVISION OF WORKERS' COMPENSATION AND LIABILITY CLAIMS SOFfWARE SERVICES. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 the Common Council of the City of San Bernardino at a i oint regular meeting thereof, 6 held on 16th day of June , 2008, by the following vote, to wit: 7 8 COUNCILMEMBERS: 9 ESTRADA 10 BAXTER 11 BRINKER DERRY 12 KELLEY 13 JOHNSON 14 MCCAMMACK 15 AYES NA YES ABSTAIN ABSENT x x x x x x x 16 ~ /:1. CLuJL Racllel G. Clark;. City Clerk 17 18 The foregoing resolution IS hereby approved this /7f1I day of 19 June ,2008. 20 . 21 22 Approved as to form: 23 JAMES F. PENMAN, 24 City Attorney 25 genda Items:Reso.SUCABA.2008 A1'TACIIMERT "A':'.1" .Sucaba Compa;,y,lnc. RISK MANAGEMENT I INFORMATION S Y S T EMS February 29, 2008 Rhonda P Haynes, Human Resources Department City of San Bemardino 300 North "0" Street San Bemardino, CA 92418-0001 Dear Rhonda, It has been 7 years since we executed our original agreement to provide our ClaimLink software system to the City for processing of workers' compensation claims, and 4 years since we last !'lI1sed our prices. That agreement permits price increases subsequent to 613012001 as long as those increases do not exceed the consumer price index and do not cause the annual costs to the City for these services to exceed $25,000.00. We now find that due to increasing costs, we need to increase our charges correspondingly. We are proposing an increase of $.30 per open claim per month to arrive at a new rate of $4.00 per open claim per month, starting April 1 , 2008. Based on " your traditional claim volume, this will still leave your annual costs a few.,". . ' thousand dollars below the $25,000 annual cap. The percent increase comes to a rate of 2 percent for each year since the last increase. I have not verified the consumer price Index for each of these years, but feel very confident that this rate is less than the consumer price index has risen during this same' time period. If you have any questions, please call me. We thank you for your business, and thank you for being one of our premier clients. .t:: Donald W. Mead President DWM:cm ~ fi@flD\VJliID MAR 042008 RISK MANAOEMENl 205 N. Second Awnue,An:adla, CA 91 006 Tel: (626) 574-6850 Fax: (626) 574-6890 http://www.sucaba.com . DEC-12l7-1996 12l2: 24 P.12l2/12l2 , . ATTACIIMEBT nA_2n .Sucaba Company.l~ RISK MANAGEI'IENT INPO~I'I"TION SVSTEI'IS April 30,2008 Mark J. Andres. RPA, City orBan Bemardino 300 North "D" Street San BernardiIlo. CA 92418-0001 Dear Made, It has bean nearly 2 years since we executed our orisiDalllplOlllellt to provide our ClAim rink softwlll'e syatam to 1bc City fur proc~1iDg of IiIbility claims, That agreement pemJits price incra8e8 subleqUClllt to 613012005 as long as thoso iDcIeases do not exceed the CODSUmlll' price index IJICl do not cause the 8IIIlual costs to the City for these services to ClCceed $18.000.00. We arnow llpptOaChing the lburth lIDDiveraary of this agreement, and because of incRII8ing COIItB. need to increase our charges. We are proposing an increase of$.30 per open claim per month to mive at a new rate of 54.00 per opclIl olaim per month. Bued on )'OVl' IrIditioual olaim volumo, this cost increase will be ....I"...~ ;m8te1y $45.00 per """,th, and will sti11lcave your 8IIIlual costs at less than half of the $18,000 annual cap. The percent increase comes to a rate of applOl'imsrt"ly 3 percllItt ibr each year since the last increase. I have not verified the COJlSUJll.lll' price index ibr each of these years, but feel vecy conficIeDt that this rate is less than the COJlSUJll.lll' price indcx has risen during this eame time period. If you have any questions, pleaao oall me. We thank you fur your business, and thank you fur being one of our pxemier clicnt&. Very truly yours, Donald W. Mead President DWM:cm 20& N. Second ............Arudia. CA 91* Tel: (626) &7....6850 Fax: (626) 5744890 htcp:Ilwww.sucaba.o:om TOTR... P.12l2 ~~'-~O-~~I ~~.~~ - IF .---....-. ~~-... lo~ ~ IE ~ WI ~ 1101' . 1\ OCT 26 2000 !W AGREEMENT RISK MANAGEMENl TI1Ia AGREEMENT la, made and entered Into 1111/00, by and between the CITY OF SAN BERNARDINO,' II muftlciptl corporation, Mretnlfler called I'CtlY: and SUCABA COMPANY. INC., hetein8br called .CONTRACTOR,. 79. e.t Welnut street. p.,adena, California 91101. CITY and CC?NTRACTOR agree as follows: 1. CONTRACTOR .~ perform service. a. particularly described to provide dl~ --- .--.-- "---. .:;tVV"'Il:l...~I~ prClC8llinD software lUICl'services to the CITY, with the tlIlowing objectives: A. WHEREAS, CONTRACTOR II competent. uperienGed and able to perform said servic:es; .nd, B. WHeR~S. CONTRACTOR has provided the most advantageoUS and best responsible proposal for !"- prOYidino of such serviClS, 2. CITY shell pay to the CONTRACTOR' total of up 10 but not eXCAl8dlng twenty- five thousand delllars (525,000) for the cost to implement this system for WQl'/cers' COll1>8nsation on ,n ,nnu81 basis. A. ,CONTRACTOR ,hall proVIde its CIJIlmLink Claims Intormatlon Sys1elT1 (C18imUnk) softWare 'to ClTY via III HP3000 computer SI~, for an unlimited period I" IICcordllnCl with the propoial specllIcatiOns, Purchase Order and RFP P.()().04 and 1M agreement at ttle tolJowIng'monthIY rates: 53.5O.per month per open (:Ialm on file. B. The rate ,8bove shall be held fixed for I period of approximately nine (9) months starting 11/1/00 - 6J3G'01. sub8ecluently. the rates may be increased, but nolI.' exceed any rise in the conaumer price index. CITY agrees that in addition It shall bear the CO!lI ,of.ny spe~1 pu~ forms (checq, InvoiceS. 1099'. and the like) for hardCOPY which it UL'-~-C:1tJldd 1,:t::I':f ~<.1-fllH '=U~ I ~ , l'-"b;'~~.l.l ,...~.~~ " , utilizes, and ""'1 be., the COlt of the eornrnunications ink required ro ICC8U ttle Internet. CONTRACTOR shaN bear ttle OOIt of aU .stoc:k. 'OITM, and all equiplNl1l costs rela" directly to the compuf8r server at its .ite. kly aystems development that is not . p.rt or the current softWare package, lInd wtIich is done s1riclly for the beneIit or CITY .'-11 be biDable by CONTRACTOR at the rtte of ninety-five dollatl ($$5) per hour for systems design and eighty- five dollars ($85) per hour (Qr P'9Il'I/IIming. CONTRACTOR .11,11 provide The City of San Bernardino. Risk M.nagement, with . monthly invoice in arrears and shaU be provided payment within thirty l30) days therefrom. CIlY _ins the right to chaUe. all or any pelt of an invoice. 3, Neither CONTRACTOR or CITY shall divulge or publish. or oaUS8 or permit to be diVUlged or publisMd: direcfy or Indirectly, to.ny third parties. any confidenti.1 information or the ottl8r party. Th.term wcontldanllal information" means any information 01' data relating to research, development, trade lec:rets and busine" ,fairs of CONTRACTOR or erN O1her th.n (I) inform,lion' and, dati known to or possessed by either party prior to this understanding. and (b) infonnltion and data knoWn to or poIIeSMCI by, or able to be asc:ertailltld 01' eollected by. third party using normal av.lllIblt means. 4, ,~ITY also 19"" that duringl/te term of serviee,.lnd for I period of IWO (2) yelll'l atte, termination of ..Nice, it stllU not. withO\lt prior written eonaent of CONTRACTOR. hire any employ.. of CONTRAC,!OR or its afliliatel who was a.signed to 01' performed any service for CITY in connection with flia '.r. S, CONTRACTOR aor... that CiIy data maintainlClln the .pllm is the property of CITY, and therefore, shall be surrendered to CITY It the condusion of HMces under this IgIMment in a file on 8mm cartridge tape or al an elec:tronic filit ""..... ~c-c~ ..c.....'" ~-.-ort .;,...K" ,lNt"'I"'l:. ~-""'-'U"'.....". .'";~........ .. tranar."t<f to tw CIlY 0V8I' . telc:o link. The fife shill be ASCII with comma deUmI!ed fleIdI; and will Include l.elayoUt dOcument that desc:rib" !tie da. In detail. at no c:oit 10 the CITY. 8. While not ....triclIng or limitlllO the folwllolllll. during the term of 1tIi1 ~ment, CONTRACTOR sh" maintain in eflec:t policles of comprehensive pubic, general, and . automobile lebillty Insurance, in tha amount of $1.0DO,0ll0.camblllld lingle limit, and staMo'Y worker'1 ool'npenlation ccw.rage. and thai tile caple. of SIIld policies with the CIlY's Ritk Mal)ag~ prior to und..-king any work undet'thi, Agreement me policies .lIa" l'lIIme !he CITY .. an additional inlured and ,ha. provlde for ten (' D) day no1ific8tio" to ttie Cm' if uid pcllcilS Ire termln*d or materialy alterec:l. 7. CONTRACTOR shaH perform work taIkI as dirededby City of s.n Bernardino - Risk Mlnllgement. but for ~lllnttnls end pUJ1lCstf. CONTRACTOR shall be In Independent contractor Ind nota" agent.or employee of the CITY. 8. In tile. petfolTlllrice of this Agreement and in the hiring and recruitment of ,",ployeet. CONTRACTOR shill not discriminate on the basis of race, creed, eGIor. ntligion, sell, physical handicap,. ethnic bac:kground or country of aigln, 9. Any notice to be given pursuant to this Agreement shan be deposited with \tie " ' , UnIted StlItes posllll Servtce, postage prepaid II\d IICld,...ect.. follows: TO THE eri'Y: Rhonda Haynes City or san 8em8l'dino Human R8$OUl'CeS Dept. 300 North .0" street San Bernardino, CA 92418 l.JI_I-c:b-"~ J"::.l'O ~~.n...HtIH ~ I WI-f'(~ ~~~.J ~..IUQ"IU~ AGREEMENT BElWEEN '!'HE CITY OF SAN BERNARDINO AND SUCABA COMPANY. INC., TO PERFORM SERVICES FOR THE CITY. IN WITNESS WHEREOF, the pa1Ielllllve uecUIId this AGREEMENT QI\ the -;;.5' day of' t')1"..7N~ 2000. .~ ~~:::iti~~4,1 Ja ,JnatIs. rector of CONI MeTOR: By.l~QLvvu Q '\)"tlAloO w.N\.MO. ~~'o~ IIIV~nda""'.REIO."JC.'4.lAeo " ~ TOTt'lL P.0S ;. AGREEMENT This AGREEMENT is IIIIIdc and entcn:d into 07/0112004, by lIDd between the CITY OF SAN BERNARDINO, a mWlicipal COtJlOration, hereinafter called "CITY," and SUCABA COMPANY, INC., hereinafter called "CONTRACl'OR," 205 North Second Avenue, Arcadia, California 91006. CITY and CONTRACTOR agree as tallows: 1. CONTRACTOR sliIlll petfc,nn /oeNiC(:o, as panicuiarly df.llCribul \0 plUYid~ data processing 8Oftwll"C and scMces to the CITY, with the following objectives: A. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services; and. B. WHEREAS. CONTRACTOR Will pJOVide approXimately the same SClI'Yices cum:ntly provided for worltcrs' compcmation claiIns admiDisttation, 2. em shall pay to the CONTRACTOR. a tot8l ofup to but not exceeding eighteen thoUlillIld dollars ($18,000) for the cost to implement this system for Liability Claims processing on an annual basis. A CONTRACTOR shaU provide its CJai1'" inlr Claims Infimnation System (C1aimLink) softwll"C to CITY via its HP3000 computer server, for an unlimited period in accordance with the proposal specifications, and this agreement, at the following monthly rates: $3.50 per month per open C880 on file. 90/ze'd 60:ze 966h!.0-:>3C1 90/03' d B. The rate above sba11 be held fixed for a period of apprClnmm:ly twelve (12) months starting 07/0112004. Subseqwmtl.y, the rates may be increased, but not to exceed lilY ~ in the Consumer Price Index. CITY agrees that in IIddition it sba11 bear the COlt of all computl!lr papc:l (including cheeks, invoices, 1099'. mcl the liko) for hardcopy which it utiliUlS, and shall bear the cost of the communications link required to &1;(:_ the Intmnet. CONTRACTOR shall bear the cost of . wr"~k'; ffi'rms, and ill eqUipment COilS relited directly to the computer server at its site. Any systeDlS development that is not a part of the current software p"'.....ge, and which i. done strictly for the benefit of CITY shall be billable by CONTRACTOR at the rate of Dinety-five dollars ($95) per hour for systeDlS design IIld eighty-five dollars ($85) per hour for plOgramming. CONTRACTOR sball pmvide the City of San Bernardino, Risk 1II""'lgr.m0Dt, with a monthly invoice in arrears and shall' be provided payment within thirty (30) days thoreftom. CITY retlins the right to "hAll"'1JC all or lilY part of III invoice. 3. Neither CONTRACTOR or CITY sball diwlge or publish, or cause or permit to be divulged or published, dirllctly or indirectly, to lilY third parties, lilY confidential infonnation of the other party. The tmn "confidc:ntisl information" mCllllS any information or data relating to resean:h. development, trade secrets and business affai1's of CONTRACTOR or CITY other than (a) information and data known to or possessed by either party prior to tbis 6liI : G0 9661-l,0-J3Q ~ 90/170 . d undcntanding, and (b) infimnation and data known to or ~ by, or able to be ascertained or collected by a tbiId party usiDa DOnna! av~le means. 4. CITY also agrees that dming the term of service,lIIld for a p~od of two (2) years after tennination of service. it sball not, without prior writtm coosent of CONTRACTOR, hire IIIl)' employee of CONTRACTOR or its .ftm._ who was assiped to or performed any service for CITY in COIllHlCtion with this agreement. :i. CONTRACTOR. agrees ihIl CITy.data mlirifained in the system is the ' property ClfCITY,lIIld thcm'ore, shall be $IImIldcml to CITY at the conclusion of services under this agreement in a file on 8mm cartridge tape, or as an elllCtronic file tranSfen:ed to the CITY over an e1cctnmic Ilnk. The file shall be ASCn with comma delimited :fields, and will include a file layout document that dcsen1les the data in detail. at no cost to the CITY. 6. While not restricting or limiting the fo~SOing, during the term of this Aareement, CONTRACfOR shall maintain in eft'ect policies of compn:hensive public, general. and. automobile liability insurance, in the amount ofSl,OOO,OOO combined single limit, lIIld statutoty WOJkCJ$' compensation COVerBllo, and sball file copies of said policies with the CITY's Risk Manager prior to UDdertaking any woIk II11Cic:r this Agreement. The policies shall name the CITY as III additional insured and shall provide for ten (10) day notification to the CITY if said policies are term,in.t...t or materially altered. 60:Gl!I 966l-l.0-:l30 90/S0"d 7. CONTRACTOR shall perform wodI:: tasks 88 directed by Cil>1 of San Bernardino - Risk Management, but for 811 Intents and ~, CONTRACTOR shall be an iDdependent contractor and not an apt or employee of the CITY. 8. In the perfonnancc of this Agreement and in the hirlq aud recruitment of employees, CONTRAcroR sball not cIiecrimiDato on the basis of1'llCO, creed, color, religion, sex, physical handicap, etbnic bIdtground or country of origin. ~.' Any tJOiicc to be given pUrsuant to this AateemeDt ihiiu be deposited with the United States Postal Service, postage prepaid and addressed 88 follows: TO THE CITY: Mark Andres City of San BcmantiDo Human R.eIources Dept. 300 North "D" Street San Bernardino, CA 92418 6l!I:Zl!l 966h1.0-::)3O ~ . ~'d It:llOl AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND SUCABA COMPANY, INC., TO PERFORM SERVICES FOR THE CITY. IN WITNESS WHEREOF. the pertiOll have exeouted this AG1UlEMENT on the 3 ~ clay of Hl7' .2004. ff~Ci(~ .. Linn Livingston, Director ofH ResounlClS -"-j ~~ -~ Tom Marek, A_ Director 0 . Inc. 9li!/9lil . d 60 ,za 966 t-.!.0-::l3CI .DEC-B7-1996 02'26 P.11l1/02 .Sucaba Company, ~nc. RISE HANAtlEhr.." 'WfOIMATION S,S't(hS 205 N. Second Avenue Arcadia, CA 91006 Date: 5h~ Time: To: D t\-4,..\.o.... From: 'DoJ !f~ CO\'er Sh~ Fax #. (~) l~*- SSci'7 . Number of Pages Including Cover Sheet: 2- Message: t\-~ \.5 ~ Le."(f'qL l \~ 'f W~<l.1.C ' (..Q l\... M~. ",-- Problems with this fax! Contact Sucaba at: Tel (626) 574-6850 Fax (626) 514-6890 ht!ifl:f/www.sucaba.com .DEC-07-1996 02:26 .P.02/l!)2 .Sucaba Company..'nc. R I S K MAN A CO 'I 1'4 E NT. I N FOR 1'4 A T ION S Y 5 TEN 5 April 30, 2008 Mad ]. Andres. RPA, City of San Bemardino 300 North ''0" Street Sm Bemaniino, CA 92418..0001 Dear Mark, It bas been nearly 4 )'eIrI since we executed our origiDal qreement to provide our ClalmLink 8Oftwaro syatIm to the City for ~';"I ofliabi1ity claims. That qreom.ent permits price inmlaIeIlIllbIIoquent to 613012005 ..long as tho8e increases do not exceed the coDIUIDer price index aud do not cause the annual cosls to the City for these services to exceed 518.000.00. We lIl'e now approachiDg the fourth armivemry of this agreement. and becauso of increasing <XI1Its, DCCd to increase our charges. We are proposins an iDcrcasc 0($.30 per open claim per month to lII'rive at a new rate of $4.00 per open claim per month. Baaed on your trlIditiOD8l claim volume, this cost increase will be approximately $45.00 per monlb, aDd win still leave your annual costs at less than half of the S 18,000 8III1U8l ClIp. The percent increase comes to a rate of approximately 3 percent for each year since the last iDerease. I have not verified the COIISUJIlCll" price inde;lc fur each oftheso years. but feel very confident that this rate is less thm the consumer price index bas risen during this l18me time period. If you have any questions, please call me. We thauk you for your business. and thank you for being one of our pnmrler clients. v cry truly yours, Donald W. Mead President DWM:cm 205 N. s.cond A_,~ CA 91006 1il: (616) 574-68SO file: (616) 57-4-'890 1mp://www.ouabo<On'l TOTAL P. 02