HomeMy WebLinkAboutBartel Associates LLC; 2008-12-26;AMENDMENT NO. 1 TO AGREEMENT FOR
BENEFIT CONSULTING AND ACTUARIAL SERVICES
BARTEL ASSOCIATES, LLC
is entered into and effective as of the I 2 * day of
amending the agreement dated December 26, 2008 (the
the City of Carlsbad, a municipal corporation, ("City"), and Bartel
and Associates, LLC ("Contractor") (collectively, the "Parties") for Benefit Consulting and
Actuarial Services.
RECITALS
A. The Parties desire to alter the Agreement's scope of work to increase the not-to-
exceed compensation payable for the services to be performed should be increased from
$9,900 to $30,000; and
B. The Parties agreed that the increase of $20,100 to the agreement brings the total not-
to-exceed contract fees for the initial contract term to $30,000.
NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained
herein, City and Contractor agree as follows:
1. In addition to those services contained in the Agreement, Contractor will
provide those services described in Exhibit "A.
2. City will pay Contractor for all work associated with those services
described in Exhibit "An on a time and materials basis not-to-exceed thirty thousand dollars
($30,000). Contractor will provide City, on a monthly basis, copies of invoices sufficiently detailed
to include hours performed, hourly rates, and related activities and costs for approval by City.
3. Contractor will complete all work described in Exhibit "A" by December,
26, 2009.
4. All other provisions of the Agreement will remain in full force and effect.
5. All requisite insurance policies to be maintained by Contractor pursuant to
the Agreement will include coverage for this Amendment.
6. The individuals executing this Amendment and the instruments referenced
in it on behalf of Contractor each represent and warrant that they have the legal power, right and
actual authority to bind Contractor to the terms and conditions of this Amendment.
City Attorney Approved Version tt05.22.01
CONTRACTOR - CITY OF CARLSBAD, a municipal
corporation of the State of California
(sign here)
John E. BartelIPresident
(print nameltitle)
ATTEST:
ibartelabartel-associates.com
(e-mail address)
(sign here) U 4
~OLUOQ@ ~~PI-~~oc;&. cow
' ($-mail address)
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@) signing to bind the corporation.
APPROVED AS TO FORM:
City Attorney
M?-
City Attorney Approved Version #05.22.01
EXHIBIT "A"
SCOPE OF SERVICES
Contractor will perform the following services:
1. Review the City of ~arlsbad's current retirement benefit plan design
, 2. Attend meetings (this may include conference calls) to discuss project goals.
3. Present information regarding retirement plan design alternatives to City staff, the Mayor
and City Council.
4. Optional services (upon City's request) include:
o Estimating where the City's CalPERS contribution rates will go over the next several
years, including sensitivity to future CalPERS investment return.
o Analysis of retiree healthcare benefts
P Quantifying results of alternative plan designs
City agrees to compensate Contractor for professional services performed in accordance with
the terms and conditions of this Agreement and at the following hourly rates:
PresidentISenior Actuary $300 Vice President & Actuary $250
- , Consultant .-.I $200 Actuarial Analyst $1 50
: ~ctuarial Trainee $1 25 Support Staff 1 $75
Contractor will not bill the City for meeting travel time or travel expenses.
City Attorney Approved Version #05.06.DE
AGREEMENT FOR BENEFIT CONSULTING AND ACTUARIAL SERVICES
Bartel Associates, LLC
OTHIS AGREEMENT is made and entered into as of the ff day of
_ QT>QJ><v\xgJ\ 2008, by and between the CITY OF CARLSBAD, a municipal
corporation, ("City"), and Bartel Associates, LLC, a corporation, ("Contractor").
RECITALS
City requires the professional services of a consultant and actuarial that is experienced
in retirement benefits. 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 not exceed
nine thousand nine hundred dollars ($9,900). 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, 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
City Attorney Approved Version #05.06.08
authorized to transact the business of insurance in the State of California which has a current
rating in the Best's Key Rating guide of at least A-:VII OR with a surplus line insurer on the State
of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key
Rating Guide of at least "A:X", in an amount of not less than one million dollars ($1,000,000)
each, unless otherwise authorized and approved by the City Attorney 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. Contractor will furnish
certificates of insurance to the Contract Department, with endorsements to City prior to City's
execution of this Agreement.
7. Conflict of Interest. City will evaluate Contractor's duties pursuant to this Agreement to
determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code
is required of Contractor or any of Contractor's employees, agents or subcontractors. Should it
be determined that disclosure is required, Contractor or Contractor's employees, agents, or
subcontractors will complete and file with the City Clerk those schedules specified by City and
contained in the Statement of Economic Interests Form 700.
8. 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.
9. 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.
10. 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.
11. Venue and Jurisdiction. 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.
12. 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.
13. 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.
City Attorney Approved Version #05.06.08
14. 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)
John E. Bartel - President
(print name/title)
ibartel@bartel-associates.com
(e-mail address)
CITY OF/ CARLSBAD, a\ municipal
corporatic
By:
ger or Mayor
ATTES
*By:MURRAIN E M. WOOD
City Clerk
(sign here)
(print name/title)
(e-mail address)
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:
RONALD , City Attorney
City Attorney Approved Version #05.06.08
EXHIBIT "A"
SCOPE OF SERVICES
Contractor will perform the following services:
1. Review the City of Carlsbad's current retirement benefit plan design
2. Attend meetings (this may include conference calls) to discuss project goals.
3. Present information regarding retirement plan design alternatives to City staff, the Mayor
and City Council.
4. Optional services (upon City's request) include:
a Estimating where the City's CalPERS contribution rates will go over the next several
years, including sensitivity to future CalPERS investment return.
a Analysis of retiree healthcare benefits
a Quantifying results of alternative plan designs
City agrees to compensate Contractor for professional services performed in accordance with
the terms and conditions of this Agreement and at the following hourly rates:
President/Senior Actuary $300 Vice President & Actuary $250
Consultant $200 Actuarial Analyst $150
Actuarial Trainee $125 Support Staff 1 $75
Contractor will not bill the City for meeting travel time or travel expenses.
Total fees payable for services to be performed during this Agreement term will not exceed nine
thousand nine hundred ($9,900).
City Attorney Approved Version #05.06.08