Loading...
HomeMy WebLinkAboutBartel Associates LLC; 2018-05-03;AGREEMENT FOR RETIREMENT CONSUL TING AND ACTUARIAL SERVICES BARTEL ASSOCIATES, LLC HIS AGREEMENT is made and entered into as of the '3~ day of --------+-......... 'll::::---' 20J.%, by and between the CITY OF CARLSBAD, a municipal , and Bartel Associates, LLC, a limited liability company ("Contractor"). RECITALS City requires the professional services of a consultant and actuary that is experienced in retirement benefits. Contractor has the necessary experience in providing these professional services 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 (1) year from the date first above written. 3. COMPENSATION The total fee payable for the Services to be performed will not exceed ten thousand dollars ($10,000.00). 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, 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 City Attorney Approved Version 9/27/17 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. 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~· 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. 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. 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 9/27/17 2 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 CITY OF CARLSBAD, a municipal corporation of the State alifornia By: By: 2 ATTEST: By¼j ~re~'~91; (~~N~fillic.Rl,41 ,/Ir M,,.r1 l-1/h-hd1, h--e cl ,2 I '.,-,,3 ~/. ( e rr~. I J ~ Clerk (print name/title) I 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 /;ZlR~ttomey Assistant City Attorney City Attorney Approved Version 9/27/17 3 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. Perform various modeling scenarios (that could go out as far as 30 years) including, but not limited to: a. The impacts of paying off selected CalPERS amortization line items. b. The impacts of making additional CalPERS contributions (versus paying off specific amortization line items). c. The impacts of utilizing a section 115 plan. d. The impacts of Tier 1 (classic employees) leaving the organization and Tier 3 (PEPRA employees) replacing them. 5. 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; b. 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: Partner and Vice President $280 Assistant Vice President $250 Associate Actuary Actuarial Analyst $200 $150 4 Senior Actuarial Assistant $180 City Attorney Approved Version 9/27 /17 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. Perform various modeling scenarios (that could go out as far as 30 years) including, but not limited to: a. The impacts of paying off selected CalPERS amortization line items. b. The impacts of making additional CalPERS contributions (versus paying off specific amortization line items). c. The impacts of utilizing a section 115 plan. d. The impacts of Tier 1 (classic employees) leaving the organization and Tier 3 (PEPRA employees) replacing them. 5. Optional services (upon city's request) include: a. Estimating where the city's Cal PERS contribution rates will go over the next several years, including sensitivity to future CalPERS investment return; b. 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: Partner and Vice President $280 Assistant Vice President $250 Associate Actuary $200 Senior Actuarial Assistant $180 Actuarial Analyst $150 City Attorney Approved Version 9/27/17 4 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 09/05/2017 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS 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 <-UNIA<-1 ROBERT B RICE, JR. NAME: SARGEANT INSURANCE AGENCY, LLC ritJgN:o Extl: 818-561-2600 Irie~ Nol: 818-436-5988 7740 Painter Ave Ste 210 ~il~~ss: ROBERT@SARGEANTINSURANCE.COM INSURER(S) AFFORDING COVERAGE NAIC# Whittier CA 90602-2477 INSURER A: LIBERTY MUTUAU Ohio Security Insurance 24082 INSURED INSURER B: AMTRUST/TECHNOLOGY INSURANCE CO 42376 BARTEL ASSOCIATES, LLC INSURERC: INDIAN HARBOR INSURANCE COMPANY 36940 411 BOREL AVE STE 101 INSURER D: INSURER E: SAN MATEO CA 94402-3525 INSURER F: 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF ,~2~Ji;:gl LTR INS:D WVD POLICY NUMBER IMM/DD/YYYYl LIMITS lX COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CJ CLAIMS-MADE [Zl OCCUR DAMAGE TO RENTED f--PREMISES /Ea occurrencel $ 2,000,000 f--MED EXP (Any one person) $ 10,000 A X X BKS (18) 57297374 09/01/2017 09/01/2018 PERSONAL & ADV INJURY $ 2,000,000 f-- GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 ~ DPRO-DLOC $ 4,000,000 POLICY JECT PRODUCTS -COMP/OP AGG OTHER: $ / AUTOMOBILE LIABILITY if:~~~~~!~?NGLE LIMIT $ 1,000,000 ~ ANY AUTO BODILY INJURY (Per person) $ ~ OWNED ~ SCHEDULED A AUTOS ONLY AUTOS X X BAS (18) 57297374 09/01/2017 09/01/2018 BODILY INJURY (Per accident) $ lZ HIRED [Z NON-OWNED fp~?~&:~le~l~AMAGE $ AUTOS ONLY AUTOS ONLY $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ WORKERS COMPENSATION XI ~\%uTE T I OTH- AND EMPLOYERS' LIABILITY ER Y/N B ANY PROPRIETOR/PARTNER/EXECUTIVE D X TWC3655083 09/01/2017 09/01/2018 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 MISC. PROFESSIONAL LIABILITY Per Occurance $5,000,000 C MPP001715212 09/01/2017 09/01/2018 Annual Aggregate $5,000,000 / DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY OF CARLSBAD, IT'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND VOLUNTEERS ARE HEREBY NAMED AS AN ADDITIONAL INSURED BY CONTRACT ON POLICY# BKS (18) 57297374 and BAS (18) 57297374 AS RESPECTS TO OPERATIONS OF THE NAMED INSURED ONLY, SEE CG2010. COVERAGE UNDER POLICY# BKS (18) 57297374 & BAS (18) 57297374 IS PRIMARY AND NON-CONTRIBUTORY ABOVE ANY OTHER INSURANCE THE CERTIFICATE HOLDER(S) MAY CARRY. 30 DAY NOTICE OF CANCELLATION. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF CARLSBAD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1635 FARADAY AVENUE CARLSBAD CA 92008 AUTHORIZED REPRESENTATIVE I h6M±-8. ~/ <if· © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: BKS (18) 57 29 73 74 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations City of Carlsbad, it's Officials, Officers, Employees and ALL LOCATIONS OF THE NAMED INSURED Representatives. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 0413 © Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413 COMMERCIAL GENERAL LIABILITY BARTEL ASSOCIATES, LLC. POLICY# BKS (18) 57297374 & BAS (18) 57297374 CG20010413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1