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HomeMy WebLinkAboutBartel Associates, LLC - 2014-03-25AMENDMENT NO 1 TO PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BARTEL ASSOCIATES, INC. FOR HISTORICAL CALPERS ACTUARIAL ANALYSIS THIS AMENDMENT No 1 is made and entered into this 10 Tti day of f &"C,.r- , 2015, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "City," and BARTEL ASSOCIATES, INC., a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated March 25, 2014, entitled "Professional Services Contract Between the City of Huntington Beach and Bartel Associates, Inc. For Historical CALPERS Actuarial Analysis," which agreement shall hereinafter be referred to as the "Original Agreement," and Since its execution, City and Consultant wish to amend the Original Agreement to reflect the additional compensation to be paid to Consultant, and NOW, THEREFORE, it is agreed by City and Consultant as follows: ADDITIONAL COMPENSATION Section 4 of the Original Agreement entitled "Compensation," is hereby amended to read as follows. 3. COMPENSATION In consideration of the additional services to be performed hereunder as described in Exhibit "A," City agrees to pay Consultant an additional sum not to exceed Ten Thousand Dollars ($10,000 00). This additional sum shall be added for a new total amount not to exceed Seventeen Thousand Dollars ($17,000.00) 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect 15-4831/123942 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers CONSULTANT, BARTEL ASSOCIATES, INC. print name ITS: (circle one) Charman/President/Vice President ME print name ITS. (circle one) Secretary/Chief Financial Officer/Asst_ Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Director of Finance APPROVED FORM Cl rittorne y k -"))►S� ear -� o -t C3 '< rn o; -< -•- Zo -n 154831/123942 2 IIv, WITNESS WHEREOF, the parties hereto have caused this r�vt-eei,ient to be executed by and through their authorized officers CONSULTANT, BARTEL ASSOCIA4 hS, INC By Vk� R—;;Znk_ - John E Bartel print name ITS (crr Je ale) C'hairm andEEd ice President Alva L-L- - B }' Ma44h eddin pr tname ITS (cncle one eeretary hiefFinancial Our, Asst Seeretar} - Treasurer 15-48311I339A2 CITY OF HUIarTFNGTC)N iBE4,CH, a municipal corporation of the State of California Director of Finance APPROVED AS If} FORM City Attorney ACCO & CERTIFICATE OF LIABILITY INSURANCE WDDNYYY ATE (M 09/0112014 ) 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(tes) must 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 endorsements) PRODUCER 0181288 SARGEANT INSURANCE AGENCY, LLC 300 WEST GLENOAKS BLVD SUITE 104 GLENDALE CA 91202-2985 NAME CT ROBERT B RICE, JR E (818) 547-1975 Nc No (818) 436-5988 Aot�Ess robert@sargeantinsurance corn INSURER(S) AFFORDING COVERAGE NAIC# INSURERA AMERICAN STATES INSURANCE COMPANY 19704 INSURED BARTEL-ASSOCIATES, LLC 411 BOREL AVENUE SUITE 101 SAN MATEO CA 94402-3525 INSURER B INDIAN HARBOR INSURANCE COMPANY 36940 INSURER C TECHNOLOGY INSURANCE COMPANY INSURER D — INSURER INSURER F GVVtliAta C-1 �.cn ur.�.r+.c i�unior_.� 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 GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY AOD SU R POLICY NUMBER FO-UCYPOLICY MMIDO EFF MMIDD EXP LIMIT'' EACH OCCURRENCE $ 1,000,000 PREMISES Me oceunence $ 1,000,000 MED EXP (Any one person) $ 10 000 CLAIMS OCCUR PERSONAL &ADVINJURY $ 1,000000 A -MADE � `I X 25CC12442990 09101/2014 09/0112015 GENERAL AGGREGATE $ 2,000.000 GEN L AGGREGATE LIMIT APPLIES PER PRO POLICY LOC 7X AUTOMOBILE LIABILITY PRODUCTS - COMPIOP AGG S 2,000,000 CUM $ (Ea —dent)SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIREDAUTOS HAUTOS X 25CC12442990 09/01/2014 09/01/2015 BODILY INJURY (Per acddent) $ S PROPERTY DAMAGE (Per $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR HCLAIMS-MADE RETENTIONS WORKERS COMPENSATION X TORYTAT� OTH _ _17DED EL EACH ACCIDENT $ 1,000,000 C AND EMPLOYERS LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED� (Mandatoryin NH) U yes describe Under DESCRIPTION OF OPERATIONS below MIA A X TWC3431682 09/01/2014 09/01/2015 EL DISEASE - EA EMPLOYE EL OISEASE-POLiCYUMIT $ 1,000,000 $ 1,000,000 B MISC PROFESSIONAL UABILITY MPP00171521D D9J01/2014 09/01/2015 $2,000000 PER CLAIM $4,000,000 ANNUAL AGGREGATE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Atlach ACORO 101 Additional Remarks Schedule M more spese is required) CERTIFICATE HOLDER IS HEREBY NAMED AS AN ADDITIONAL INSURED ON POLICY #25CC1 2442990 AS RESPECTS OPERATIONS OF THE NAMED INSURED ONLY SEE ATTACHED FORMS CG8672 COVERAGE UNDER POLICY #25CC12442990 IS PRIMARY & NON-CONTRIBUTORY ABOVE ANY OTHER INSURANCE THE CERTIFICATE HOLDER(S) MAY CARRY 30 DAY NOTICE OF CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF HUNTING 1 ON BEACH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN DAHLE BULOSAN, CPA ACCOUNTING MANAGER ACCORDANCE WITH THE POLICY PROVISIONS 2000 MAIN STREET AUTHORIZED REPRESENTATIVE HUNTINGTON BEACH CA 92648 �„� $ RGt%B'J Jr. ROBERT B RICE, JR ACORD 25 (2010105) ©1988-2010 ACORD CORPORATION All rights reserve The ACORD name and logo are registered marks or AL;UKLP APPROVED AS TO FORMA Michael Gates, City Attorney 4 Z015 3 Department Finance 4 Requested By Dahle Bulosan 5 Name of Consultant Bartel Associates, Inc 6 Amount of Original/Prior Contract $7,000 7 Additional Compensation Requested $10,000 8 Original Commencement Date 3/25/2014 9 Original Termination Date 3/25/2017 10 Extended Date Requested N/A 11 Reason for Contract Amendment Additional CalPERS Actuarial Analysis work necessary to determine future CalPERS impacts to the y Purchasing ppr al Date 12 Are sufficient funds available to fund this contract? Yes ® No ❑ 13 Business Unit and Obiect Code where funds are budgeted Account number f j i� Contractual Dollar Amount Business unit object # Year 1 act) Year 2 act Year 3 (est) Year 4 est 10040101 6936✓ $10000 $ $ $ Budget "Approval',Signature Head Signature 1 `Nfwlw-1 vItjlI-, v Date calpers analysis amendment 2015 doc REV June 2014 o, J& CONTRACTS SUBMITTAL. TO CITY CLERK'SZ FFI C E"' N To: JOAN FLYNN, City Clerk' , WM r.r Name of Contractor: Bartell Associates, LLC —' Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Provide actuarial historical analysis of CALPERS costs Amount of Contract: $7,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed to Risk Management ❑ Initiating Dept. Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Sandie Frakes, ext 5249 Name/Extension City Attorney's Office Date: 4/1 /""? A,)A"J (-6� G:AttyMisc/Contract Forms/City Clerk Transmittal S PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BARTEL ASSOCIATES, INC FOR HISTORICAL CALPERS ACTUARIAL ANALYSIS THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Bartel Associates, Inc., a California corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide historical CALPERS actuarial analysis; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates John Bartel who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. agree/surfnet/professionalsvcs to $49 10/12 1 of 11 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on M,4r-c A 2 %S 20_� (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 12 months from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed seven thousand Dollars ($7,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." agree/surfnet/professional svcsto $49 10/12 2 of 11 I 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that except for working files, title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected .or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. agree/surfnet/professionalsvcs to $49 10/12 3 of 11 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance shall not contain a self -insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required - by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT agree/surfnet/professional svcs to $49 10/12 4 of 11 waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all agree/surfnet/professionalsvcs to $49 10/12 5of11 payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/surfnet/professionalsvcs to $49 10/12 6 of 1 I 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: Lori Ann Farrell 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Bartel Associates, Inc. ATTN: John Bartel 411 Bortel Ave. San Mateo, CA 94402 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/surfnet/professional Svcs to $49 10/12 7 of 11 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the agree/surfnet/professional svcs to $49 10/12 8of11 provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. agree/surfnet/professionalsvcs to $49 10/12 9 of 11 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof agree/surfnet/professionalsvcs to $49 10/12 10 of 11 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, Bartel Associates, Inc. COMPANY NAME Lo 7'k� f &-Q John E. Bartel pnnt name ITS: (circle one) Chairm Presiden ice President AND By: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California 12irector Chief (Pursuant To HBMC §3.03.100) APPROVED AS T1O^FORM: 3 �t 1 City Att ey Doug Pryor Date print name ITS: (circle on ecr hief Financial Officer/Asst. Secretary — Treasurer agree/surfnet/professionalsvcs to $49 10/12 11 of 11 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) Bartel Associates will project Ca1PERS contribution rates, including asset return sensitivity, for each fiscal year through 2021/22 and prepare a comprehensive review and summary of historical Ca1PERS actuarial information for Miscellaneous and Safety plans: -Review of historical actuarial valuation reports; -Review CalPERS Contract Amendment Cost Analysis for each group; -Summary of historical: • Participant demographic information, • Contribution rates • Investment returns, and • Funded status GASB 68 summary and impact -Meet with the City to discuss results -Project City contributions showing impact of. • PEPRA changes, • Ca1PERS new contribution policy, and • Ca1PERS new assumption changes,. -GASB 68 summary and impact -Meet with the City and City Council to discuss results B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: A Bartel Associates analysis will provide City contribution rate projections for all potential changes, enabling the City to build these changes into their budgets and bargaining as soon as possible. EXHIBIT A We will explain projected City contribution rates in easily understood terms. C. CITY'S DUTIES AND RESPONSIBILITIES: Provide all necessary data and access as required for Bartel to provide analysis. D. WORK PROGRAM/PROJECT SCHEDULE: Prepare analysis for Study Session currently scheduled for April 7th EXHIBIT A EXHIBIT `B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: We will bill the City at the following hourly rates (however, much of the time for the above project would be at the Partner level): Partner $250 - $300 Actuarial Analyst $125 Assistant Vice President $200 - $225 Administrative Support $75 Senior Actuarial Analyst $150 The City will not be billed for travel time. B. Travel Charges for time during travel are not reimbursable. C. Billing All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made 1 Exhibit B within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) NTE $7,000 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BARTEL ASSOCIATES, INC FOR HISTORICAL CALPERS ACTUARIAL ANALYSIS Table of Contents Scopeof Services.....................................................................................................I CityStaff Assistance................................................................................................2 Term; Time of Performance.....................................................................................2 Compensation..........................................................................................................2 ExtraWork...............................................................................................................2 Methodof Payment..................................................................................................3 Disposition of Plans, Estimates.and Other Documents...........................................3 HoldHarmless.........................................................................................................3 Professional Liability Insurance.............................................................................4 Certificate of Insurance............................................................................................5 Independent Contractor............................................................................................6 Termination of Agreement.......................................................................................6 Assignment and Delegation......................................................................................6 Copynghts/Patents...................................................................................................7 City Employees and Officials..................................................................................7 Notices......................................................................................... 7 Consent....................................................................................................................8 Modification............................................................................................................. 8 SectionHeadings.....................................................................................................8 Interpretation of this Agreement..............................................................................8 DuplicateOriginal............................................................................................... 9 Immigration...............................................................................................................9 Legal Services Subcontracting Prohibited................................................................9 Attorney's Fees..........................................................................................................10 Survival.....................................................................................................................10 GoverningLaw.........................................................................................................10 Signatories.................................................................................................................10 Entirety......................................................................................................................10 EffectiveDate.................................................................................I I .� CERTIFICATE OF LIABILITY INSURANCE DAO 10f12013 �' 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 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 ofsuch endorsement(s). PRODUCER JSI FINANCIAL SERVICES, INC JOHN SARGEANT INSURANCE AGENCY 300 WEST GLENOAKS BLVD. SUITE 104 c N AcT ROBERT B RICE. JR. NAME: PHONE (818) 547-1975 (818) 436-5988 E-MAIL hertsar @S ceroeantinsuran.com AooB�ss� INSURERS AFFORDING COVERAGE NAICA INSURER.: AMERICAN STATES INSURANCE COMPANY 19704 GLENDALE CA 91202-2985 INSURED INSURER.: INDIAN HARBOR INSURANCE COMPANY 36940 BARTEL-ASSOCIATES, LLC INSURER C INSURER O: 411 BOREL AVENUE INSURER E : SUITE 101 _ INSURER F: SAN MATEO CA 94402-3525 COVERAGES CERTIFICATE NtIMRFR- REVISICIM M IIMRFR- 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 AO SUER POLICY NUMSER POLICY EFP MMIDOMfYY POLICY EXP 4MUCAA LIMITS A GENERAL LIASILRY X COMMERCIAL GENERALLIABILnY CLAIMS -MADE ® OCCUR 25CC12442980 09101/2013 09/01/2014 EACH OCCURRENCE S 1,000,000 PREMISES Eaoc enca S 1,000,000 MEDEXP(Ahyoneperson) S 10,000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 �G/EN'L AGGREGATE UN IT APPLIES PER: /\ POLICY -0- LOC PRODUCTS -COMPIOP AGG S 2,000,000 S A AUTOMOBILE �/ /� LIASIUTY ANYAUTO AUTOS AUTOS HIREDAUTOS X NON -OWNED AUTOS 25CC12442980 09/01/2013 09/01/2014 CO WE INGLE LIMIT a acddent 1,OOD,ODO BODILY INJURY (Per person) S BODILY INJURY (Per acddent) S fPer accidentP-115W1MI YDAMAGE S 8 UMBRELLA UAB EXCESS LIA6 OCCUR CLAIMS -MADE EACH OCCURRENCE S AGGREGATE S OED I I RETENTIONS S A WORRERSCOMPENSATION AND EMPLOYERS' LIABILRY ANY PROPRIETORIPARTNEWEXECUTIVE Yin aFFtCE❑ RIMEMBEREXCLUDED? (Mandalory In NH) If yes, describe under DESCRIPTION OF OPERATIONS baloW NIA 01-WCA4518380 09/0112013 09/0112014 f WC STATU- OTH- E.L. EACH ACCIDENT S 1,000,OOO EL.OISEASE-EAEMPLOYE S 1,000,000 E.L- DISEASE - POLICY LIMIT S 1,000,OOD B MISC. PROFESSIONAL LIABILITY MPP001716209 09/0112013 09101/2014 $2,000,000 PER CLAIM $4,000,000 ANNUAL AGGREGATE DESCRIPTION OF OPERATIONSI LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, I morn space is mquired) 9"- SHOULD ANY OF THE ABOVE CESCRISED POLICIES BE CANCELLED BEFORE CITY OF HUNTINGTON BEACH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ATTN: DAHLE BULOSAN, CPA ACCOUNTING MANAGER ACCORDANCE WITH THE POLICY PROVISIONS, 2000 MAIN STREET I AUTHOAiEEO REPRESENTATIVE HUNTINGTON BEACH CA 92648 ROBERT B. RICE, JR. 25 ©1988-2010 The ACORD name and logo are registered marks of ACORD