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HomeMy WebLinkAboutMarn Rivelle Consulting Services; 2025-06-03;Docusign Envelope ID: 3493EB82-B1D0-4EC3-A009-8757A5AC3F20 June 3rd 25 AGREEMENT FOR ACTUARIAL CONSUL TING SERVICES RIVELLE CONSUL TING SERVICES THIS AGREEMENT is made and entered into as of the ______ day of ________ , 20_, by and between the CITY OF CARLSBAD, a municipal corporation, ("City"), and Marn Rivelle, doing business as Rivelle Consulting Services, a sole proprietorship ("Contractor"). RECITALS City requires the professional services of a consultant that is experienced in actuarial studies of self-insurance liability programs and workers' compensation. Contractor has the necessary experience in providing these professional services, has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in Exhibit "A", attached and incorporated by this reference in accordance with the terms and conditions set forth in this Agreement. 2. TERM This Agreement will be effective for a period of one year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will be four thousand five hundred dollars ($4,750.00). No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit "A." 4. STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under the control of City only as to the results to be accomplished. 5. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys' fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorneys' fee, costs, or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement City Attorney Approved Version 8/2/2022 Docusign Envelope ID: 3493EB82-B1D0-4EC3-A009-8757A5AC3F20 6. INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, and professional liability insurance from an insurance company authorized to transact the business of insurance in the State of California which has a current Best's Key Rating of not less than "A-:VII"; OR with a surplus line insurer on the State of California's List of Approved Surplus Line Insurers (LASLI) with a rating in the latest Best's Key Rating Guide of at least "A:X"; OR an alien non- admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City's execution of this Agreement. 7. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City Name Sarah Reiswig Title Risk Manager Department Risk Management City of Carlsbad Address 1635 Faraday Avenue Carlsbad, CA 92008 Phone No. 442-339-2435 For Contractor Name Marn Rivelle Title Principal Address 2430 Vanderbilt Beach Rd., Ste. 108-276 Naples, FL 34109 Phone No. 213-816-8925 Email marn@rivelleconsulting.com Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 8. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all categories. YesD No ■ 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. City Attorney Approved Version 8/2/2022 2 Docusign Envelope ID: 3493EB82-B1D0-4EC3-A009-8757A5AC3F20 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. 15. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR By: (sign here) Marn Rivelle, Principal (print name/title) By: (sign here) (print name/title) 3 CITY OF CARLSBAD, a municipal corporation of the State of California By: City Manager or Mayor or Director ATTEST: FAVIOLA MEDINA Director of Constituent and Clerk Services Manager City Attorney Approved Version 8/2/2022 Docusign Envelope ID: 3493EB82-B1D0-4EC3-A009-8757A5AC3F20 If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Chairman, President, or Vice-President Group 8. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CINDIE K. McMAHON, City Attorney By: ____ o_·IA,_Ji_·t._k_. _flt_~--IA,- Deputy / Assistant City Attorney City Attorney Approved Version 8/2/2022 4 Docusign Envelope ID: 3493EB82-B1D0-4EC3-A009-8757A5AC3F20 EXHIBIT "A" SCOPE OF SERVICES FOR ACTUARIAL STUDIES OF SELF-INSURANCE LIABILITY PROGRAM AND WORKERS' COMPENSATION 1. Perform a sensitivity analysis on the historical claims experience to quantify the volatility of claims variability, as measured through confidence levels. 2. Estimate the outstanding losses as of March 31, 2025, for liability and workers' compensation. The estimated outstanding losses will consist of provisions for case reserves and reserves for incurred but not reported ("IBNR") losses. The estimates will be shown (a) on a net of excess insurance basis and (b) at various confidence levels, including at least the 75% and 90% confidence levels. 3. Project ultimate losses for fiscal year 2024-25 for liability and workers' compensation losses. The projection of ultimate losses will reflect the city's self-insured retention for fiscal year 2024-25, and will be shown at various confidence levels, including at least the 75% and 90% confidence levels. 4. Prepare and submit a draft report, then, upon approval of the Risk Manager, a final written report presenting conclusions, recommendations and supporting documentation by April 30, 2025. 5. Answer questions regarding the analysis and final report. 5 Docusign Envelope ID: 3493EB82-B1D0-4EC3-A009-8757A5AC3F20 ALC~°'' CERTIFICATE OF LIABILITY INSURANCE DA~:;~:~~';t 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT SPECIAL TY PROGRAM GROUP LLC/PHS l-'""'"'""""•••E:~----,,:-:-,:,---=---=-,--------r==----------1 PHONE (866) 467-8730 'FAX 46505500 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 INSURED Rivelle Consulting Services, Inc. 2430 VANDERBILT BEACH RD STE 108--276 NAPLES FL 34109-2654 (AIC, No, Ext): (AIC, No): E-MAIL ADDRESS: INSURER A: INSURER B: INSURERC: INSURERD: INSURERE: INSURERF: INSURER{S) AFFORDING COVERAGE Sentinel Insurance Company Ltd. NAIC# 11000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR A TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY f,--[JcLAIMS-MADE 0occuR x General Liability nvv"~un' C LIMIT APPLIES PER: RPOL!CY PRO-fx] LOG JECT ~ OTHER: AUTOMOBILE LIABILITY f,-- ANY AUTO -ALL OWNED -SCHEDULED A _ AUTOS _ AUTOS A X HIRED X NON-OWNED AUTOS AUTOS f,--- UMBRELLA LIAB 7 OCCUR ~ EXCESS UAB CLAIMS- MADE DEDj I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY YIN PROPRIETOR/PARTNER/EXECUTIVE [ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATION;:; hefow EMPLOYMENT PRACTICES LIABILITY ADDL SUBR IN~R """D X NIA POLICY NUMBER 46 SBM UJ9513 46 SBM UJ9513 46 SBM UJ9513 POLICY EFF POLICY EXP IMM/DD/YYYYI """n"w YYYl LIMITS EACH OCCURRENCE DAMAGE TO RENTED P'°""f"<=" /Ea OC"' '"enc•\ MED EXP (Any one person) 05/15/2025 05/15/2026 PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMP/OP AGG COMBINED SINGLE LIMIT /Fa o=,~~nt\ BODILY INJURY (Per person) 05/15/2025 05/15/2026 BODILY INJURY (Per accident) 05/15/2025 05/15/2026 PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE IPER I IOTH-STATUTE !l=R E.L EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE EL DISEASE -POLICY LIMIT Each Claim Limit Aggregate Limit $2,000,000 $1,000,000 $10,000 $2,000,000 $4,000,000 $4,000,000 $2,000,000 $10,000 $10,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES {ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Those usual to the lnsured's Operations. Certificate Holder is an Additional Insured per the Business Liability Coverage Form SS0008 attached to this policy. CERTIFICATE HOLDER CANCELLATION City of Carlsbad SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED Its official, employees and volunteers BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED 1635 FARADAY AVE IN ACCORDANCE WITH THE POLICY PROVISIONS. CARLSBAD CA 92008 AUTHORIZED REPRESENTATIVE 6~ Cacrzkn~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD