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HomeMy WebLinkAboutRivelle Consulting Services; 2021-03-16;AGREEMENT FOR ACTUARIAL CONSULTING SERVICES RIVELLE CONSULTING SERVICES AGREEMENT is made and entered into as of the i fit 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 conducting actuarial assessments and providing services on liability and workers compensation reserving and quantifying 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 five hundred dollars ($4,500.00). 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. City Attorney Approved Version 6/12/18 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 For Contractor Name Ed Garbo Name Marn RiveIle Title Risk Manager Title Principal Department Risk Management Address 2430 Vanderbilt Beach Rd., Ste 108-276 City of Carlsbad Naples, FL 34109 Address 1635 Faraday Avenue Phone No. 213-816-8925 Carlsbad, CA 92008 Email marn@rivelleconsulting.com Phone No. 760-602-2471 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. Yes 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 6/12/18 2 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 /I II I/ I/ II II II II II City Attorney Approved Version 6/12/18 3 CONTRACTOR 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. CITY OF CARLSBAD, a municipal corporation of the State of California By: (sign here) ()7M/1/ /) (f/ita PPrfe: I/'4 - (print name/title) City Manager or Mayor or Director ATTEST: By: Nec7W- 6v(Y) e z/ Depth) 0 Cle(-c (sign here) BARBARA ENGLESON City Clerk (print name/title) 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. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: CELIA A. BREWER, City Attorney By: '///(4 (; 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 December 31, 2020 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 2020-21 for liability and workers' compensation losses. The projection of ultimate losses will reflect the city's self-insured retention for fiscal year 2020-21, 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, 2021. 5.Answer questions regarding the analysis and final report. City Attorney Approved Version 6/12/18 5 ...-----p AlC7C311;rJGar CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 02/22/2021 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 BIN INSURANCE HOLDINGS LLC/PHS 46505500 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 CONTACT NAME: PHONE (866) 467-8730 (A/C, No, Ext): FAX (888) 443-6112 (A/C, No): EMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED MARN RIVELLE DBA RIVELLE CONSULTING SERVICES 2430 VANDERBILT BEACH RD STE 108-276 NAPLES FL 34109-2654 INSURER A : Sentinel Insurance Company Ltd. 11000 INSURER B: INSURER C : INSURER D: INSURER E: 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 LTR TYPE OF INSURANCE ADDL INSR SUBR MD POLICY NUMBER POLICY EFF (MMIDDPNYY1 POLICY EXP flAM/DDN YYYI LIMITS A COMMERCIAL GENERAL X LIABILITY OCCUR X X 46 SBM UJ9513 05/15/2020 05/15/2021 EACH OCCURRENCE $2,000,000 CLAIMS-MADE _ DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 X General Liability MED EXP (Any one person) S10,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PRO- POLICY ECT J OTHER: PER: GENERAL AGGREGATE $4,000,000 X LOC PRODUCTS - COMP/OP AGO $4,000,000 A — _ X _ AUTOMOBILE ANY AUTO ALL OWNED AUTOS HIRED AUTOS LIABILITY SCHEDULED AUTOS NON-OWNED AUTOS 46 SBM UJ9513 05/15/2020 05/15/2021 COMBINED SINGLE LIMIT (Ea accident) $2,000,000 BODILY INJURY (Per person) — BODILY INJURY (Per accident) X PROPERTY DAMAGE (Per accident) — UMBRELLA LIAB EXCESS LIAB — OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY Y/N PROPRIETOR/PARTNER/EXECUTIVE — OFFICER/MEMBER EXCLUDED'? (Mandatory In NH) _ If yes, describe under DESCRIPTION OF OPERATIONS below N/ A PER 0TH- STATUTE ER E.L. EACH ACCIDENT EL. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT A EMPLOYMENT PRACTICES LIABILITY 46 SBM UJ9513 05/15/2020 05/15/2021 Each Claim Limit Aggregate Limit $10,000 $10,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Please see Additional Remarks Schedule Acord Form 101 attached. CERTIFICATE HOLDER CANCELLATION City of Carlsbad California Risk Management Department 1635 FARADAY AVE CARLSBAD CA 92008-7314 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE cr Cao--&,-4,_,,,„:2_, 0 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#: ..41.4C'C)0121 , ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY BIN INSURANCE HOLDINGS LLC/PHS NAMED INSURED MARN RIVELLE DBA RIVELLE CONSULTING SERVICES 2430 VANDERBILT BEACH RD STE 108-27 NAPLES FL 34109-2654 POLICY NUMBER SEE ACORD 25 CARRIER SEE ACORD 25 NAIC CODE 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 SS0008, attached to this policy. ACORD 101 (2014/01) @ 2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD PRODUCER Hub International Florida 10739 Deerwood Park Blvd, #200 Jacksonville FL 32256-2873 INSURED REVIL-1 Rivelle Consulting Services Marn Rivelle 2430 Vanderbilt Beach Rd Ste 108-276 Naples FL 34109 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Evidence of Insurance AUTHORIZED REPRESENTATIVE ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNYYY) 7/8/2020 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). CONTACT . NAME: Nita Butler PHONE • (A/C, Ro, Est): 904-446-3151 FAX A/C No - 904-396-7432 E-MAIL ADDRESS: nita.butler@hubinternationalcom INSURER(S) AFFORDING COVERAGE NAM # INSURER A: Gemini Insurance Company 10833 INSURER B: INSURER C: INSURER : INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1158202355 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 TYPE OF INSURANCE ADDL SUER INSD WVD POLICY NUMBER POLICY EFF (MM/DDNYYY) POLICY EXP (MM/DDNYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S — CLAIMS-MADE OCCUR — _ DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) S PERSONAL & ADV INJURY S GE'L AGGREGATE LIMIT APPLIES PER: POLICY T jppcol, ri LOC i_ OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY _ SCHEDULED AUTOS NON-OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB j OCCUR CLAIMS-MADE EACH OCCURRENCE $ AGGREGATE $ DEO RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETORWARTNERJEXECUTIVE OFFICERIMEMBEREXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/N N/A I PER I STATUTE 1 0TH- ! ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Professional E&O CLAMS MADE Retro Date 7/11.2007 VNPL006289 7/1/2020 7/1/2021 Each Claim Aggregate Retention 1,000;000 2,000.000 $5,00.0 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD