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HomeMy WebLinkAboutRivelle Consulting Services; 2018-12-21;AGREEMENT FOR ACTUARIAL CONSUL TING SERVICES RIVELLE CONSUL TING SERVICES n THIS AGREEMENT is made and entered into as of the 7-,l ~--\-day of -~.L=.....=.:::,,:;_;;;_~::.=..----=:;.__-' 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 conducting actuarial assessments and providing services on liability and workers compensation reserving and quantify volatility of the claims measured through confidence levels. 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 seven hundred fifty 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 attorney's 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. City Attorney Approved Version 6/12/18 The parties expressly agree that any payment, attorney's 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. 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 Ed Garbo Title Risk Manager Department Risk Management City of Carlsbad Address 1635 Faraday Ave Carlsbad, CA 92008 Phone No. 760-602-2471 For Contractor Name Marn Rivelle Title Principal 2430 Vanderbilt Beach Rd. Ste 108- Address 276 --------------Nap I es, Florida 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 • City Attorney Approved Version 6/12/18 2 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. 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. II II II II II II II II 3 City Attorney Approved Version 6/12/18 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 (sign here) (<_ I ii (;tL/3, · ~ 1 fV c)/7/l l By: (sign here) (print name/title) CITY OF CARLSBAD, a municipal corporation of the State of California By: Administrative Services Director Laura Rocha ATTEST: BARBARA ENGLESON City Clerk 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 B. 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: ::LIA A ;;zttorney Assistant City Attorney City Attorney Approved Version 6/12/18 4 EXHIBIT "A" SCOPE OF SERVICES FOR ACTUARIAL STUDIES OF SELF-INSURANCE PROGRAM AND WORKERS' COMPENSATION FOR THE CITY OF CARLSBAD 1. Perform a sensitivity analysis on the historical claims experience to quantify the volatility of the claims variability measured through confidence levels. 2. Estimate the outstanding losses as of November 30, 2018 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 2018/19 for liability and workers' compensation losses. The projection of ultimate losses will reflect the city's self-insured retention for fiscal year 2018/19, 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 January 31, 2019. 5. Answer questions regarding the analysis and final report. City Attorney Approved Version 6/12/18 5 ·-----U, CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) AC:C>R 12/06/2018 L ___,. 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 BIN INSURANCE HOLDINGS LLC/PHS NAME: 46505500 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD PHONE FAX SAN ANTONIO, TX 78265 (AIC, No, Ext): (866) 467-8730 (AIC, No): (888) 443-6112 E-MAIL AODRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: The Sentinel Insurance Company 11000 MARN RIVELLE OBA RIVELLE CONSUL TING SERVICES INSURER B: 2430 VANDERBILT BEACH RD STE 108-276 INSURERC: NAPLES FL 34109-2654 INSURERD: INSURERE: INSURERF: 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. INS~ TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD IMMIDD/VYVYl IMMIDD/VVVV\ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $2,000,000 ,__ ~ CLAIMS-MADE 0occuR DAMAGE TO RENTED $1,000,000 PREMISES /Ea or.r.urrence\ ,__ L General Liability X X MED EXP (Any one person) $10,00C A 46 SBM UJ9513 05/15/2018 05/15/2019 PERSONAL & ADV INJURY $2 000 000 -GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 ,__ •PR0-0 POLICY JECT X LOC PRODUCTS · COMP/OP AGG $4,000,000 ,__ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $2,000,000 (Ea accident) -ANY AUTO BODILY INJURY (Per per,;on) ,__ ALL OWNED -SCHEDULED A AUTOS AUTOS 46 SBM UJ9513 05/15/2018 05/15/2019 BODILY INJURY (Per accident) ,__ -NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS /Per accident) ,__ ,__ UMBRELLA LIAB y OCCUR EACH OCCURRENCE -EXCESS LIAB CLAIMS-MADE AGGREGATE DED I I RETENTION $ WORKERS COMPENSATION IPER I IOTH- AND EMPLOYERS' LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? C N/A >--- (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE If yes, describe under >--- DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT EMPLOYMENT PRACTICES Each Claim Limit $10,000 A 46 SBM UJ9513 05/15/2018 05/15/2019 LIABILITY Aggregate Limit $10,000 DESCRIPTION OF OPERA T/ONS I LOCA T/ONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the lnsured's Operations. Please see Additional Remarks Schedule Acord Form 101 attached. CERTIFICATE HOLDER CANCELLATION CITY OF CARLSBAD CALIFORNIA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TERIE ROWLEY THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1635 FARADAY AVE ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CARLSBAD CA 92008-7314 6' U&.?L() of. Caa~ © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: -------- ADDITIONAL REMARKS SCHEDULE Page _2_ of 2 AGENCY NAMED INSURED BIN INSURANCE HOLDINGS LLC/PHS MARN RIVELLE OBA RIVELLE CONSUL TING SERVICES POLICY NUMBER 2430 VANDERBILT BEACH RD STE 108-27 NAPLES FL 34109 SEE ACORD 25 CARRIER NAICCODE SEE ACORD 25 EFFECTIVE DATE: SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Certificate holder is an additional insured per the Business Liability Coverage Form SS0008 attached to this policy. Notice of Cancellation will be provided in accordance with Form SS1224, attached to this policy. Coverage is primary and noncontributory per the Business Liability Coverage Form SS0008, attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per the Business Liability Coverage Form 8S0008, attached to this policy. ACORD 101 (2014/01) © 2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 46 SBM UJ9513 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -PERSON-ORGANIZATION CITY OF IRVINE AND ITS EMPLOYEES, REPRESENTATIVES, OFFICERS AND AGENTS C/O EBIX RCS PO BOX 257, REF #113-7036 ORANGE COUNTY FIRE AUTHORITY 1 FIRE AUTHORITY ROAD IRVINE CA 92602 CALIFORNIA INSURANCE POOL AUTHORITY AND MEMBER CITIES 366 SAN MIGUEL DR STE 312 NEWPORT BEACH CA 92660 LOC 001 BULD 001 CITY OF LAS CRUCES P.O. BOX 20000 LAS CRUCES,NM,88004 LOC 001 BLDG 001 CITY OF SANTA MONICA 1717 4TH STREET SANTA MONICA,CA 90401 THE CITY OF CARLSBAD, RI SK MANAGEMENT DEPARTMENT 1635 FARADAY AVENUE CARLSBAD, CA 92008 Form IH 12 00 11 85 T SEQ. NO.001 Printed in U.S.A. Page 001 (CONTINUED ON NEXT PAGE) Process Date: 03/20/18 Expiration Date: O 5 / 15 / 19 POLICY NUMBER: 4 6 SBM UJ9513 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -PERSON-ORGANIZATION CITY OF IRVINE C/O EXIGIS RISK MANAGEMENT SERVICES PO BOX 4668 ECM #35050 NEW YORK NY 10163 Fonn IH 12 00 11 85 T SEQ. NO. 001 Printed in U.S.A. Page 002 (CONTINUED ON NEXT PAGE) Process Date: 0 3 / 2 o / 18 Expiration Date: 0 5 I 15 / 19