HomeMy WebLinkAbout12. Apprv PSA w-Bartel & Assoc. LLC for Actuarial Consulting SvcsI I rZT11 0
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF THE CITY MANAGER
BY: ANIL H. GANDHY, DIRECTOR FINANCE & ADMINISTRATION
DATE: July 28, 2020
SUBJECT: Professional Services Agreement with Bartel and Associates, LLC. for
Actuarial Consulting Services
That the City Council approve a Professional Services Agreement with Bartel anI
Associates, LLC. to prepare an analysis of the City's CalPERS Miscellaneous anilf,
Safety plans.
Over the next decade the greatest challenge to Local Governments is to manage its
pension costs and its impact to the operating budgets. Given the recent/potentiai
COVID —19 impacts on City's projected revenues and its likely impact that economy wilL^
face a recession in the near future.
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1. PARTIES AND DATE.
This Agreement is made and entered into this 28th day of July, 2020 by and between
the City of Downey, a California municipal corporation and charter city with its principal
place of business at 11111 Brookshire Avenue, Downey California 90241 ("City") and Bartel
& Associates, LLC, a California Limited Liability Company, with its principal place of
business at 411 Borel Avenue, Ste. 620, San Mateo, CA 94402 ("Consultant"). City and
Consultant are sometimes individually referred to as "Party" and collectively as "Parties."
Consultant desires to perform and assume responsibility for the provision of certain
professional actuarial consulting services required by City on the terms and conditions set
forth in this Agreement. Consultant represents that it has demonstrated competence and
experience in providing actuarial consulting services to public clients, is licensed in the Sta
• California, and is familiar with the • of City. I
City desires to engage Consultant to render actuarial consulting services as set forth
this Agreement. i
3.1 •• • Services and Term.
3.1.1 General Scope of Services. Consultant promises and agrees to furnish
to City all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional actuarial consulting services
necessary ("Services"). The Services are more particularly described in Exhibit "A" attached
hereto and incorporated herein by reference. All Services shall be subject to, and performed
in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by
reference, and all applicable local, state and federal laws, rules and regulations.
3.1.2 Term. The term • this Agreement shall •` • July 28, 2020 until
Novembei-28, 2020, unless earlier terminated as provided herein. Consultant shall completi5
the Services within the term of this Agreement, and shall meet any other established
3.2.1 Control and Pa ment of Subordinates: Independent Contractor. The
Services shall be performed by Consultant or under its supervision. Consultant will
determine the means, methods and details of performing the Services subject to the
requirements of this Agreement. City retains Consultant on an independent contractor basis
and not as an employee. Consultant retains the right to perform similar or different services
for others during the term of this Agreement. Any additional personnel performing the
Services under this Agreement on behalf of Consultant shall also not be employees of City
and shall at all times be under Consultant's exclusive direction and control. Consultant shall
pay all wages, salaries, and other amounts due such personnel in connection with their
performance of Services under this Agreement and as required by law. Consultant shall be
responsible for all reports and obligations respecting such additional personnel, including, but
not limited to: social security taxes, income tax withholding, unemployment insurance,
disability insurance, and workers' compensation insurance.
In the event that ;,Consultant or any employee, agent, or subcontractor of Consultant
providing services under this Agreement claims or is determined by a court of competent
jurisdiction or the California Public Employees Retirement System (CaIPERS) to be eligible
for enrollment in CalPERS as an employee of City, Consultant shall indemnify, defend, ant,
hold harmless CITY for the payment of any employee and/or employer contributions for
CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as
well as for the payment of any penalties and interest on such contributions, which would
otherwise be the responsibility of City.
3.2.2 Schedule of Services. Consultant shall perform the Services
expeditiously, within the term of this Agreement. Consultant represents that it has the
professional and technical personnel required to perform the Services in conformance with
such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall
respond to Consultant's submittals in a timely manner. Upon request of City, Consultant shall
provide a more detailed schedule of anticipated performance to meet the schedule of
3.2.3 Conformance to Applicable ReqUirements. All work prepared by
Consultant shall be subject to the approval of City.
3.2.4 Substitution of Kev Personnel. Consultant has represented to City that
certain key personnel will perform and coordinate the Services under this Agreement. Should
one or more of such personnel become unavailable, Consultant may substitute other
personnel of at least equal competence upon written approval of City. In the event that City
and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to
2
terminate this Agreement for cause. As discussed below, any personnel who fail or refuse to
perform the Services in a manner acceptable to the City, or who are determined by the City t#
be uncooperative, incompetent, a threat to the adequate or timely completion of the Services
or a threat to the safety of persons or property, shall be promptly removed by the Consultant
at the request of the City.
3.2.5 Citv's Representative. The City hereby designates the Director of
Finance & Technology, or his or her designee, to act as its representative for the
performance of this Agreement ("City's Representative"). City's Representative shall have
the power to act on behalf of the City for all purposes under this Contract. Consultant shall
not accept direction or orders from any person other than the City's Representative or his or
her designee.
3.2.6 Consultant's Representative. Consultant hereby designates Doug Pryor,
Vice President and CtUary, or his or her designee, to act as its representative for the
performance of this Agreement ("Consultant's Representative"). Consultant's Representative
shall have full authority to represent and act on behalf of the Consultant for all purposes
under this Agreement. The Consultant's Representative shall supervise and direct the
Services, using his best skill and attention, and shall be responsible for all means, methods,
techniques, sequences and procedures and for the satisfactory coordination of all portions of
the Services under this Agreement.
Coordination of Services. Consultant agrees to work closely with City
staff in the performance of Services and shall be available to City's staff, consultants and
xther staff at all reasonable times.
3.2.8 Standard of Care� Performance of Emplovees. Consultant shall perform
all Services under this Agreement in a skillful and competent manner, consistent with the
standards generally recognized as being employed by professionals in the same discipline in
the State of California. Consultant represents and maintains that it is skilled in the
professional calling necessary to perform the Services. Consultant warrants that all
employees and subcontractors shall have sufficient skill and experience to perform the
Services assigned to them. Finally, Consultant represents that it, its employees and
subcontractors have all licenses, permits, qualifications and approvals of whatever nature
that are legally required to perform the Services, including a City Business License, and that
such licenses and approvals shall be maintained throughout the term of this Agreement. As
provided for in the indemnification provisions of this Agreement, Consultant shall perform, at
its own cost and expense and without reimbursement from the City, any services necessary
to correct errors or omissions which are caused by the Consultant's failure to comply with the
standard of care provided for herein. Any employee of the Consultant or its sub -consultants
who is determined by the City to be uncooperative, incompetent, a threat to the adequate or
'timely completion of the Services, a threat to the safety of persons or property, or any
employee who fails or refuses to perform the Services in a manner consistent with the
standard of care set forth herein, shall be promptly removed by the Consultant and shall not
be re-employed to perform any of the Services.
3.2.9 Laws and Regulations. Consultant shall keep itself fully informed of and
in compliance with all applicable local, state and federal laws, rules and regulations in force at
the time the Services are performed by Consultant and in any manner affecting the
performance of the the Services, including all applicable Cal/OSHA requirements, and shall
give all notices required by law. Consultant shall be liable for all violations of such laws and
regulations in connection with Services. if the Consultant performs any work knowing it to be
contrary to such laws, ruile's and regulations an%,Al without giving written notice to the C'ity,
Consultant shall be solely responsible for all costs arising therefrom. Consultant shall
liefend, indemnify and hold City, its officials, directors, officers, employees and agents free
and harmless, pursuant to the applicable indemnification provisions of this Agreement, from
2ny claim or liability arising out of any failure or alleged failure to comply with such laws, rules
ir regulations. Consultant's violation of such laws, rules and regulations shall also constitute
Y.material breach of this Agreement.
52. 1 - - 0 insurance.
3.2.10.1 Time for Compliance. Consultant shall not commence
the Services under this Agreement until it has provided evidence satisfactory to the City that it
has secured all insurance required under this section. In addition, Consultant shall not allow
any subcontractor to commence work on any subcontract until it has provided evidence
satisfactory to the City that the subcontractor has secured all insurance required under this
section. The City reserves the right to modify these requirements, including limits, based on
the nature of the risk, prior experience with insurer, coverage or other special circumstances.
3.2.10.2 Minimum Reauirements. Consultant shall, at its
_msymkecrocun� and maintain for the duration of the A,,Oreement insurance agiainst claims for
injuries to persons or damages to property which may arise from or in connection with the
performance of the Agreement, the Services by the Consultant, its agents, representatives,
emplovees or subcontractors. Consultant shall also require all of its subcontractors to
procure and maintain the same insurance for the duration of the Agreement. Such insurance
shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. (1) Commercial General
Liability (CGQ: Insurance Services Office Form CG 00 01 covering CGL on an "occurrence"
basis including products and completed operations, property damage, bodily injury and
personal and advertising injury; (2) Automobile Liability: Insurance Services Office Form
Number CA 0001 covering Code 1 (any auto) or if Consultant owns no autos, Code 8 (hired)
and 9 (non -owned); and (3) Workers' Compensation: Workers' Compensation insurance as
required by the State of California with Statutory Limits; and (4) Employer's Liability
Insurance.
(B) Minimum Limits of Insurance. Consultant shall maintain
limits no less than: (1) Commercial General Liability (CGL).- No less than $2,000,000 per
occurrence for products and completed operations, bodily injury, property damage and
personal and advertising injury. If Commercial General Liability Insurance or other form with
waiver of subrogation, but this provision applies regardless of whether or not the City has
received a waiver of subrogation -endorsement from the insurer.
(C) All Coveraqes. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided,
reduced or canceled except with written notice by certified mail, returr receipt r quested to ,..e
the City, and (B) any failure to comply with reporting or other provisions of the policies,
inCludinn hr aches of warranties, shall nn+ nff,=r-+ e-rwmrar— r%rovided +r% the City it'.1 director
officials, officers, employees, agents and volunteers.
3.2.10.5 Primary Coveraqe. For any claims related to this
Agreement, the Consultant's insurance coverage shall be primary insurance and primary
coverage at least as broad as ISO CG 20 01 04 13 with respect to the City, its directors,
officials, officers, employees, agents and volunteers. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents and volunteers shall
be excess of the Consultant's insurance and shall not be called upon to contribute with it in
2ny way-
3.2.Sep ration of Insureds', No Special Limitations. Ali
insurance required by this Section shall contain standard separation of insureds provisions.
In addition, such insurance shall not contain any special limitations on the scope of protection
afforded to the City, its directors officials, officers, employees, agents and volunteers.
3.2.10.7 Dedu ' ctibles and Self -Insurance Retentions. Any
deductibles or self -insured retentions must be declared to and approved by the City. City may
require Consultant to provide proof of ability to pay losses and related investigations, claim
administration and defense expenses and costs within the retention. The policy language
shall provide or be endorsed to provide that the self -insured retention may be satisfied by
-ither the named insured or City.
3.2.10.8 Acceptability of Insurers. Insurance is to be placed with
insurers with a current A.M. Best's rating no less than A:VII, authorized to do business in
California, and satisfactory to the City.
3.2.10.9 Verification of Coverage. Consultant shall furnish City with
original certificates of insurance, including all required amendatory endorsements (or copies
of the applicable policy language effective coverage required by this provision) and a copy of
the Declarations and Endorsement Page of the Commercial General Liability policy listing all
policy endorsements to the City before the commencement of work under this Agreement.
However, failure to obtain the required documents prior to the commencement of work under
this Agreement shall not waive the Consultant's obligation to provide them to the City. The
City reserves the right to require complete, certified copies of all required insurance policies,
including endorsements, at any time.
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3.2.10.10 Claims -Made Policies. If any of the policies provide
coverage on a claims -made basis:
(A) The retroactive date must be shown and must be before the date of this
Agreement or the date work commences under this Agreement, whichever is earliest;
(B) Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Services provided under this
Agreement,
(C) If coverage is canceled, non -renewed, and not replaced with another
claims -made policy form with a retroactive date prior to the effective date of this Agreement
or the date work commences under this Agreement, whichever is earliest, the Consultant
must purchase extended reporting coverage for a minimum of five (5) years after completion
of the Services under this Agreement.
3.2.11 Safetv. Consultant shall execute and maintain its work so as to avoid
injury or damage to any person or property. In carrying out its Services, the Consultant sh
at all times be in compliance with all applicable local, state and federal laws, rules and
regulations, and shall exercise all necessary precautions for the safety of employees
appropriate to the nature of the work and the conditions under which the work is to be
performed. Safety precautions as applicable shall include, but shall not be limited to: (A)
adequate life protection and life-saving equipment and procedures; (B) instructions
accident prevention for all employees and subcontractors, such as safe walkways, scaffold
fall protection ladders, bridges, gang planks, confined space procedures, trenching and
shoring, equipment and other safety devices, equipment and wearing apparel as are
necessary or lawfully required to prevent accidents or injuries, and (C) adequate facilities f
the proper inspection and maintenance of all safety measures.
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3.3.1 Compensation. Consultant shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set
forth in Exhibit "C" attached hereto and incorporated herein by reference. The total
compensation shall not exceed Twenty -Six Thousand Dollars and 00/100 ($26,000.00)
without written approval of the City. Extra Work may be authorized, as described below, and
if authorized, said Extra Work will be compensated at the rates and manner set forth in this
Agreement.
3.3.2 Pavment of Compensation. Consultant shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Consultant. The statement shall describe the amount of Services and supplies provided
since the initial commencement date, or since the start of the subsequent billing periods, as
appropriate, through the date of the statement. City shall, within thirty (30) days of receiving
such statement, review the statement and pay all approved charges thereon.
3.3.3 Reimbursement for Expenses. Consultant shall not be reimbursed for
any expenses unless authorized in writing by City.
3.3.4 Extra Work. At any time during the term of this Agreement, City may
request that Consultant perform Extra Work. As used herein, "Extra Work" means any work
which is determined by City to be necessary for the proper completion of the Services, but
which the parties did not reasonably anticipate would be necessary at the execution of this
Agreement. Consultant shall not perform, nor be compensated for, Extra Work without
written authorization from the City Manager.
3.4 Accounting Records.
3.4.1 Maintenance and Insoection,. Consultant shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. All
such records shall be clearly identifiable. Consultant shall allow a r resentative of City ep,
during normal business hours to examine, audit, and make transcripts or copies of such
records and any other documents created pursuant to this Agreement. Consultant shall allow
inspection of all work, data, documents, proceedings, and activities related to the Agreement
for a period of three (3) years from the date of final payment under this Agreement.
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Grounds for Termination. City may, by written notice to
Consultant, terminate the whole or any part of this Agreement at any time either for cause or
for the City's convenience and without cause by giving written notice to Consultant of such
termination, and specifying the effective date thereof, at least seven (7) days before the
effective date of such termination. Consultant may only terminate this Agreement for cause
upon giving the City not less than seven (7) calendar days'written notice.
Upon termination, Consultant shall be compensated only for those services which
have been adequately rendered to City, and Consultant shall be entitled to no further
compensation. The City shall within fifteen (15) calendar days following termination pay the
Consultant for all services adequately rendered and all reimbursable costs incurred by
Consultant up to the date of termination, in accordance with the payment provisions of this
Agreement.
The following reasons shall constitute "cause" for which either party may terminate this
Agreement as provided herein-
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Suspension of the Services or the Consultant's Services by the City for more
than ninety (90) calendar days, consecutive or in the aggregate, without good
cause;
Material changes in the conditions under which this Agreement was entered
into, the Scope of Services or the nature of the Services, and the failure of the
parties to reach agreement on the compensation and schedule adjustments
necessitated by such changes.
3.5.1.2 Effect of Termination. If this Agreement is terminated as
provided herein, City may require Consultant to provide all finished or unfinished Document
and Data and other information of any kind prepared by Consultant in connection with the
performance of Services under this Agreement. Consultant shall be required to provide su
Documents and Data and other information within fifteen (15) days of the City's request. 11
3.5.1.3 Additional Services. In the event this Agreement is
terminated in whole or in part as provided herein, City may procure, upon such terms and ir
such manner as it may determine appropriate, services similar to those terminated.
3.5.2 Delivery of Notices. All notices permitted or required under this
Agreement shall be given to the respective parties at the following address, or at such other
address as the respective parties may provide in writing for this purpose:
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Bartel & Associates, LILC
411 Borel Avenue, Ste. 620
San Mateo, CA 94402
Phone: (650) 377-1600
Attn: Doug Pryor, Vice President and Actuary
City of Downey
11111 Brookshire Avenue
Downey, California 90241
Phone: (562) 904-7286
Fax: (562) 923-6388
Attn: City Manager
City of Downey
City Attorney's Office
11111 Brookshire Avenue
Downey, California 90241
Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the
date actual notice occurred, regardless of the method of service.
3.5.3.1 Documents & Data, Licensinq of Intellectual Propf_q- This
Agreement creates a non-exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodier-'
in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are
prepared or caused to be prepared by Consultant under this Agreement ("Documents &
Data"). Consultant shall require all subcontractors to agree in writing that City is granted a
non-exclusive and perpetual license for any Documents & Data the subcontractor prepares
under this Agreement. Consultant represents and warrants that Consultant has the legal
right to license any and all Documents & Data. Consultant makes no such representation
and warranty in regard to Documents & Data which were prepared by design professionals
other than Consultant or provided to Consultant by the City. City shall not be limited in any
way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
Confidential itv. All ideas, memoranda, specifications,
plans, procedures, drawings, descriptions, computer program data, input record data, written
information, and other Documents and Data either created by or provided to Consultant in
connection with the performance of this Agreement shall be held confidential by Consultant.
Such materials shall not, without the prior written consent of City, be used by Consultant for
any purposes other than the performance of the Services. Nor shall such materials be
disclosed to any person or entity not connected with the performance of the Services.
Nothing furnished to Consultant which is otherwise known to Consultant or is generally
known, or has become known, to the related industry shall be deemed confidential.
Consultant shall not use City's name or insignia, photographs of the Services, or any publicity
pertaining to the Services in any magazine, trade paper, newspaper, television or radio
production or other similar medium without the prior written consent of City.
3.5.4 ' Cooperation,- Further Acts. The Parties shall fully cooperate with one
another, and shall take any additional acts or sign any additional documents as may be
necessary, appropriate or convenient to attain the purposes of this Agreement.
3.5.5 Attorney's Fees. In the event of any litigation, whetherin a court of law,
administrative hearing, arbitration, or otherwise, arising from or related to this Agreement of
the services provided under this Agreement, the prevailing party shall be entitled to recover
from the non -prevailing party all reasonable costs incurred, including staff time, court costs,
attorneys'fees and all other related expenses in such litigation.
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3.5.6.2 Design Professionals. The provisions of this subdivision
3.5.6.2 shall apply only in the event that Consultant is a "design professional" within the
meaning of California Civil Code section 2782.8(c). If Consultant is a "design professional"
within the meaning of Section 2782.8(c), then, notwithstanding subdivision 3.5.6.1 above, to
the fullest extent permitted by law (including, without limitation, Civil Code sections 2782 an
2782.6), Consultant shall defend (with legal counsel reasonably acceptable to City),
indemnify and hold harmless City and City's officers, officials, employees, volunteers and
agents from and against any Claim that arises out of, pertains to, or relates to, directly or
indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of
Consultant, any subconsultant, subcontractor or any other person directly or indirectly
employed by them, or any person that any of them control, arising out of
Consultant's performance of any task or service for or on behalf of City under this
Agreement. The Consultant's duty to indemnify shall extend to any and all claims, demand
causes of action, costs, expenses, liability, loss, damage or injury, in law or equity that
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Consultant and/or its personnel are employees of the City, have been misclassified as an
.1 indA; ependent contractors, orflailed to pay any or all necessary sTate or federal with hold ings
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and/or taxes. Such obligations to defend, hold harmless and indemnify City or any City
officers, officials, employees or volunteers shall not apply to the extent that such Claims are
caused in part by the sole active negligence or willful misconduct of City or such City officers,
officials, employees, volunteers and agents. Consultant's cost to defend City and/or City's
officers, officials, employees or volunteers against any such Claim shall not exceed
Consultant's proportionate percentage of fault with respect to that Claim,- however, pursuant
to Civil Code section 2782.8(a), in the event that one or more defendants is unable to pay its
share de-fense costs due to bankruptcy or dissolution of the business, Consultant shall
meet and confer with City (and, if applicable, other parties) regarding any unpaid defense
I I - dut to indemnifiY Citv or anv City officers, officials,
costs:-�&Ihe extent Consultant has a Y I
employees, volunteers andInr nru-ntc 1 inder this subdiviSinn I r
3.5.6.2, Consultant shall be
,responsible for all: incidental al-Ri consequential. damages resulting directly or indirectly, in
whole or in part, from Consultant's negligence, recklessness or willful misconduct.
3.5.7 Entire Aqreement. This Agreement contains the entire Agreement of thc
parties with respect to the subject malfter hereof, and supersedes 01 prior negotiativons,
-inderstandings or agreements.
3.5.8 Governinq I % -
_jaw. This Agreement shall b governed by the laws of the
State of California. Venue shall be the courts in Los Angeles County-
3.5.9 Time of Essence.. Time is of the essence for each and every provision OT
this Agreement.
3.5.10 City's Ri.qht to Employ Other Consultants., City reserves right to employ
L#,ther consultants in connection with these Services.
3.5.11 Successors and Assiqns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.12 Assi.qnment or Transfer. Neither party shall assign, hypothecate, or
transfer, either directly or by operation of law, this Agreement or any interest herein without
the prior written consent of the other party. Any attempt to do so shall be null and void, and
any assignees, hypothecates or transferees shall acquire no right or interest by reason of
such attempted assignment, hypothecation or transfer.
3.5.13 Construction,, References-, Captions. Since the Parties or their agents
have participated fully in the preparation of this Agreement, the language of this Agr e ement
.
shall be construed simply, according to its fair meaning, and not strictly for or against any
Party. Any term referencing time, days or period for performance shall be deemed calendar
days and not work days. All references to Consultant include all personnel, employees,
agents, and subcontractors of Consultant, except as otherwise specified in this Agreement.
All r
eferenCes to City i,nc-lude its elected off,;Icials, officers, employees, agents and volunteers
9
except as otherwise specified 'in "this Agreement. The captions of the various articles and
paragraphs are for convenience and ease of reference on!,.,, and do not define, limlit,
augment, • describe the •i„ content, or intent of this Agreement.
3.5.14 Amendment: Modification. No supplement, modification, • amendment
of this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.15 Waiver. No waiver of any default shall constitute a waiver • any other
tefault or breach, whether of the same or other covenant or condition. No waiver, benefit,
3.5.21 Authoritv to Enter A-weement. Consultant has all requisite power and
�.uthority to conduct its business and to execute, deliver, and perform the Agreement. Ea -
Party warrants that the individuals who have signed this Agreement have the legal power, I
Tight, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be executed in counterparts, each of
which shall constitute one and the same instrument.
In the event of any conflict, inconsistency, or incongruity between any provision of this
Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the
provisions of this Agreement will govern and control.
3.6.1 Prior Approval Reqgired. Consultant shall not subcontract any portion of
the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Consultant shall require and verify that all subcontractors maintain
insurance meeting all of the requirements set forth in this Agreement. Consultant shall ensurt
that City is an additional insured as required in Section 3.2.10.4. Subcontracts, if any, shall
contain a provision making them subject to all provisions stipulated in this Agreement.
CITY OF DOWNEY,
2 California municipal corporation
2nd charter city
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Approved as to Form:
City Attorney
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3.5.21 Authority to Enter Acireement, Consultant has all requisite power and
2uthority to conduct its business and to execute, deliver, and perform the Agreement. Each.
Party warrants that the individuals who have signed this Agreement have the legal power,
-ight, and authority to make this Agreement and bind each respective Party.
3.5.22 Counterparts. This Agreement may be executed in counterparts, each is
which shall constitute one and the same
In the event of any conflict, inconsistency, or incongruity between any provision of this
Agreement, any of its exhibits, attachments, purchase order, or notice to proceed, the
provisions of this Agreement will governand control.
CITY OF DOWNEY,
VIC-6,M
and charter city
FRITU
By, By-,
Blanca Pacheco, Mayor Doug Pryor, ice Pres :rat & Actuary
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14
The consultant will prepare an analysis of the City's CalPERS plans , including City Contribution rate projections
over 30+ years based on more current investment returns than in CaIPERS reports. The analysis would include
sensitivity of CaIPERS investment returns including the •.. of new hires, enabling the City to better
understand the cost increases and their volatility. This analysis will be based on the most recent available
CaIPERS actuarial reports.
Bartel Associates will project CaIPERS contribution rates, with asset return sensitivity, for each fiscal year
through 2029/30 including the combined impact of:
1 . PEPPRA changes
2. Expected discount rate changes due risk mitigation ••li
3. New amortization policy,
4. Lower expected investment returns over next 10 years, anif
5. Investment return • .
'6-a7feT—W-iff-a7so prepare 0,798 anaiysis oasea on tneir stocnastic MoM=7 a-F,1111171 M.-M
over the next 30 years.
15