HomeMy WebLinkAboutContracts & Agreements_63-2007_CCv0001.pdf AGREEMENT TO FURNISH PROFESSIONAL ACTUARIAL SERVICES
FOR PROPOSED ISSUANCE OF PENSION OBLIGATION BONDS
This agreement for professional actuarial services ("Agreement") is made and entered into
this 17t" day of April, 2007 ("Effective Date"), by and between the City of Redlands, a municipal
corporation("City")and Bartel Associates,LLC("Consultant"). City and Consultant are sometimes
individually referred to herein as a"Party"and together, as the"Parties."
In consideration of the mutual promises contained herein, City and Consultant agree as
follows:
ARTICLE 1 - ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to perform professional actuarial in connection with Citv's
proposed issuance of pension obligation bonds (the "Services"). The specific Services
which Consultant shall perform are more particularly described in Exhibit "A," entitled
"Scope of Services," which is attached hereto and incorporated herein by this reference.
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide the Services
to City at a level of competency presently maintained by other practicing professional
consultants in the industry providing like and similar types of services.
1.3 Consultant shall comply with all applicable Federal, State and local laws and regulations in
the performance of its obligations under this Agreement including, but not limited to, the
Americans with Disabilities Act and the Fair Employment and Housing Act.
ARTICLE 2 - RESPONSIBILITIES OF CITY
2.1 City shall make available to Consultant information in its possession that may assist
Consultant in performing the Services.
ARTICLE,3, - PAYMENT AND NOTICE
3.1 City shall pay Consultant on a time and materials basis in accordance with the rates identified
in Exhibit"A." Consultant shall not expend more than fifty-five(55)hours in performing the
Services, except upon. City's prior written consent. Such written consent may be (liven by
City's City Manager, or his designee.
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resulting from the sole negligence of City, its agents and employees. To the extent any of the
damages referenced herein were caused by or resulted from the concurrent negligence of
City, its agents or employees,the obligations provided herein to indemnify-,defend and hold
harmless are valid and enforceable only to the extent of the negligence of Consultant, its
officers, agents and employees.
4.3 Hold Harmless and Indemnification. Consultant shall indemnify,hold harmless and defend
City and its elected officials, employees and agents from and against any and all claims,
losses or liability,including attorneys' fees,arising from injury or death to persons or damage
to property occasioned by any act, omission or failure to act by Consultant, its officers,
employees and agents in performing the Services.
4.4 Assignment. Consultant is expressly prohibited from assigning any of the Services without
the express written consent of City. In the event of mutual agreement between Parties to
assign a portion of the Services, Consultant shall add the assignee as an additional insured
and provide City with the insurance endorsements prior to the performance of any services by
the assignee. Assignment does not include printing or other customary reimbursable
expenses that may be provided in this Agreement.
4.5 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force
throughout the duration of the Agreement comprehensive general liability insurance with
carriers acceptable to City. Minimum coverage of One Million Dollars ($1,000,000) per
occurrence and Two Million Dollars ($2,000,000) aggregate for public liability, property
damage and personal injury is required. City shall be named as an additional insured the
insurance policy shall include a provision prohibiting cancellation of said policy except upon
thirty (30) days prior written notice to City. Such insurance shall be primary and non-
contributing to any insurance or self-insurance maintained by City. Certificates of insurance
and endorsements shall be delivered to City prior to commencement of the Services.
4.6 Professional Liability Insurance. Consultant shall secure and maintain professional liability
insurance throughout the duration of this Agreement in the amount of One Million Dollars
($1,000,000) per claim made. Certificate of liability insurance and endorsement shall be
delivered to City prior to commencement of the Services.
4.7 Business Auto Liability Insurance. Consultant shall have business auto liability coverage,
with minimum limits of One Million Dollars($1,000,000)per occurrence,combined single
limit for bodily injury liability and property damage liability. This coverage shall include all
Consultant owned vehicles used on the project,hired and non-owned vehicles,and employee
non-ownership vehicles. Such insurance shall be primary and non-contributing to any
insurance or self insurance maintained by City. City shall be named as an additional insured
and a certificate of liability insurance and endorsement shall be delivered to City prior to
commencement of the Services,
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performing the Services required by this Agreement. Consultant shall be compensated on a
pro-rata basis for work completed up until notice of termination.
5.9 Consultant shall maintain books and accounts of all payroll costs and expenses related to the
Services. Such books shall be available at all reasonable times for examination by City at the
office of Consultant.
5.10 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreement and understanding between the Parties as to the matters contained herein.
and any prior negotiations, written proposals or verbal agreements relating to such matters'
are superseded by this Agreement. Any amendment to this Agreement shall be in writing,
approved by City and signed by City and Consultant.
5.11 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
IN WITNESS WHEREOF,duty authorized representatives of the City and Consultant have
signed in confirmation of this Agreement.
CITY OF REDLANDS BARTEL ASSOCIATES. LLC
By: Bv:
./,on Harrison, Mayor
Attest:
Ci+ty/ lerk ��
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