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CONTRACT 3933 Professional Services Agreement CLOSEDui V, PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF El, SEGUNDO AND BARTEL ASSOCIATES, TAX This AGREEMENT is entered into this 17th day of February, 2009, by and between the CITY OF EL SEGUNDO, a municipal corporation and general law city ( "CITY ") and BARTEL ASSOCIATES, a California Limited Liability Corporation ( "CONSULTANT "). 1. CONSIDERATION. A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, below; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement; C. As additional consideration, CITY agrees to pay CONSULTANT a sum not to exceed Sixteen Thousand Two Hundred and Fifty Dollars ($16,250) for CONSULTANT's services. CITY may modify this amount as set forth below. Unless otherwise specified by written amendment to this Agreement, CITY will pay this sum as specified in the attached Exhibit "A," which is incorporated by reference. 2. SCOPE; OF SERVICES. A. CONSULTANT will perform services listed in the attached Exhibit "A," which is incorporated by reference. B. CONSULTANT will, in a professional manner, furnish all of the labor, technical, administrative, professional and other personnel, all supplies and materials, equipment, printing, vehicles, transportation, office space and facilities, and all tests, testing and analyses, calculation, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by CITY, necessary or proper to perform and complete the work and provide the professional services required of CONSULTANT by this Agreement. 3. PERFORMANCE STANDARDS. While performing this Agreement, CONSULTANT will use the appropriate generally accepted professional standards of practice existing at the time of performance Utilized by persons engaged in providing similar services, CITY will continuously monitor CONSULTANT's services. CITY will notify CONSULTANT of any deficiencies and CONSULTANT will have fifteen (15) days after such notification to cure any shortcomings to CITY's satisfaction. Costs associated with curing the deficiencies will be borne by CONSULTANT. 4. PAYMENTS. For CITY to pay CONSULTANT as specified by this Agreement, CONSUL'T'ANT rrtr.rst submit a detailed invoice to CITY which lists the hours worked and hourly rates for each personnel category and reimbursable costs (all as set forth in Exhibit "A ") the tasks performed, the percentage of the task completed during the billing period, the cumulative percentage completed for each task, the total cost of that work during the preceding billing month and a cumulative cash flow curve showing projected and actual expenditures versus time to date. 5. NON - APPROPRIATION OF FUNDS. Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the CITY. In the event the CITY has not appropriated sufficient funds for payment of CONSULTANT services beyond the current fiscal year, this Agreement will cover only those costs incurred up to the conclusion of the current fiscal year. 6. ADDITIONAL WORD. A. CITY's city manager ( "Manager ") may determine, at the Manager's sole discretion, that CONSULTANT must perform additional work ( "Additional Work ") to complete the Scope of Work. If Additional Work is needed, the Manager will give written authorization to CONSULTANT to perform such Additional Work. B. If CONSULTANT believes Additional Work is needed to complete the Scope of Work, CONSULTANT will provide the Manager with written notification that contains a specific description of the proposed Additional Work, reasons for such Additional Work, and a detailed proposal regarding cost. C. - - - -- Payments over $10,000 for Additional Work must be approved by CITY's city council. All Additional Work will be subject to all other terms and provisions of this Agreement. 7. FAMILIARITY WITH WORK. A. By executing this Agreement, CONSULTANT agrees that it has: Carefully investigated and considered the scope of services to be performed; ii_ Carefully considered how the services should be performed; and iii. Understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. B. If services involve work upon any site, CONSULTANT agrees that CONSULTANT has or will investigate the site and is or will be fully acquainted with the conditions there existing, before commencing the services hereunder. p 3 9 3 3,' OJ Should CONSULTANT discover any latent or unknown conditions that may materially affect the performance of the services, CONSULTANT will immediately inforin CITY of such fact and will not proceed except at CONSULTANT's own risk until written instructions at-e received from CITY. 8, TERM. The term of this Agreement will be from February 17, 20091 to February 17, 2010. Unless otherwise determined by written amendment between the parties, this Agreement will terminate in the following instances: A. Completion of the work specified in Exhibit "A "; B. Termination as stated in Section 16. 9. TIME FOR PERFORMANCE. A. CONSULTANT will not perform any work under this Agreement until: CONSULTANT furnishes proof of insurance as required under Section 23 of this Agreement; and ii. CITY gives CONSULTANT a written notice to proceed. B. Should CONSULTANT begin work on any phase in advance of receiving written authorization to proceed, any such professional services are at CONSULTANT's own risk. 10. TIME EXTENSIONS. Should CONSULTANT be delayed by causes beyond CONSULTANT's control, CITY may grant a time extension for the completion of the contracted services. If delay occurs, CONSULTANT must notify the Manager within forty -eight hours (48 hours), in writing, of the cause and the extent of the delay and how such delay interferes with the Agreement's schedule. The Manager will extend the completion tune, when appropriate, for the completion of the contracted services. 11. CONSISTENCY. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the attached Exhibits; this Agreement supersedes any conflicting provisions. Any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below: A. Exhibit A: GASB 45 — Other Post - Employment Benefits (OPEB) Actuarial Valuation Fee Estimate; 12. CHANGES. CITY may order changes in the services within the general scope of this Agreement, consisting of additions, deletions, or other revisions, and the contract sum and the 39 3 3 R�9 yet contract time will be adjusted accordingly. All such changes must be authorized in writing, executed by CONSULTANT and CI'T'Y. The cost or credit to CITY resulting from changes in the services will be determined in accordance with written agreement between the parties. 13. TAXPAYER IDENTIFICATION NUMBER. CONSULTANT will provide CITY with a Taxpayer Identification Number. 14. PERMITS AND LICENSES. CONSULTANT, at its sole expense, will obtain and maintain during the term of this Agreement, all necessary permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement. 15. WAIVER. CITY's review or acceptance of, or payment for, work product prepared by CONSULTANT under this Agreement will not be construed to operate as a waiver of any rights CITY may have under this Agreement or of any cause of action arising from CONSULTANT's performance. A waiver by CITY of any breach of any term, covenant, or condition contained in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained in this Agreement, whether of the same or different character. 16. TIERMINATION. A. Except as otherwise provided, CITY may terminate this Agreement at any time with or without cause. B. CONSULTANT may terminate this Agreement at any time with CITY's mutual consent. Notice will be in writing at least thirty (30) days before the effective termination date. C. Upon receiving a termination notice, CONSULTANT will immediately cease performance under this Agreement unless otherwise provided in the termination notice. Except as otherwise provided in the termination notice, any additional work performed by CONSULTANT after receiving a termination notice will be performed at CONSULTANT" own cost; CITY will not be obligated to compensate CONSULTANT for such work. D. Should termination occur, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by CONSULTANT will, at CITY's option, become CITY's property, and CONSULTANT will receive just and eduitable compensation for any work satisfactorily completed up to the effective date of notice of termination, not to exceed the total costs under Section I (C). E. Should the Agreement be terminated pursuant to this Section, CITY may procure on its own terms services similar to those terminated. F. By executing this document, CONSULTANT waives any and all claim:; for damages that might otherwise arise from CITY's termination under this Section. IT OWNERSHIP OF DOCUMENT'S. All documents, data, studies, drawings, maps, models, photographs and reports prepared by CONSULTANT under this Agreement are CITY's property. CONSULTANT may retain copies of said documents and materials as desired, but will deliver all Original materials to CITY upon CITY's written notice. CITY agrees that use of CONSULTANT's completed work product, for purposes other than identified in this Agreement, or use of incomplete work product, is at CITY's own risk. 18. PUBLICATION OF DOCUMENTS. Except as necessary for performance of service under this Agreement, no copies, sketches, or graphs of materials, including graphic art work, prepared pursuant to this Agreement, will be released by CONSULTANT to any other person or public CITY without CITY's prior written approval. All press releases, including graphic display information to be published in newspapers or magazines, will be approved and distributed solely by CITY, unless otherwise provided by written agreement between the parties. 19. INDEMNIFICATION. A. CONSULTANT agrees to the following: i. Indemnification for Professional Services. CONSULTANT will save harmless and indemnify and at CITY's request reimburse defense costs for CITY and all its officers, volunteers, employees and representatives from and against any and all suits, actions, or claims, of any character whatever, brought for, or on account of, any injuries or damages sustained by any person or property resulting or arising from any negligent or wrongful act, error or omission by CONSULTANT or any of CONSULTANT's officers; agents, employees, or representatives, in the performance of this Agreement. Indemnification for other Damages. CONSULTANT indemnifies and ii. holds CITY harmless from and against any claim, action, damages, costs (including, without limitation, attorney's fees), injuries, or liability, arising out of this Agreement, or its performance. Should CITY be named in any suit, or should any claim be brought against it by suit or otherwise, whether the same be groundless or not, arising out of this Agreement, or its performance, CONSULTANT will defend CITY (at CITY's request and with counsel satisfactory to CITY) and will indemnify CITY for any judgment rendered against it or any sums paid out in settlement or otherwise. B. For purposes of this section "CITY" includes CITY's officers, officials, employees, agents, representatives, and certified volunteers. C. It is expressly understood and agreed that the foregoing provisions will survive termination of this Agreement. _5. D. The requirements as to the types and limits of insurance coverage to be maintained by CONSULTANT as required by Section 23, and any approval of said insurance by CITY, are not intended to and will not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONSULTANT pursuant to this Agreement, including, without limitation, to the provisions concerning indemnification. 20. ASSIGNABILITY. This Agreement is for CONSULTANT's professional services. CONSULTANT's attempts to assign the benefits or burdens of this Agreement without CITY's written approval are prohibited and will be null and void. 21. INDEPENDENT CONTRACTOR. CITY and CONSULTANT agree that CONSULTANT will act as an independent contractor and will have control of all work and the manner in which is it performed. CONSULTANT will be free to contract for similar service to be performed for other employers while under contract with CITY. CONSULTANT is not an agent or employee of CITY and is not entitled to participate in any pension plan, insurance, bonus or similar benefits CITY provides for its employees. Any provision in this Agreement that may appear to give CITY the right to direct CONSULTANT as to the details of doing the work or to exercise a measure of control over the work means that CONSULTANT will follow the direction of the CITY as to end results of the work only. 22. AUDIT OF RECORDS. CONSULTANT will maintain full and accurate records with respect to all services and matters covered under this Agreement. CITY will have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcript therefrom, and to inspect all program data, documents, proceedings and activities. CONSULTANT will retain such financial and program service records for at least three (3) years alter termination or final payment under this Agreement. 23. INSURANCE A. Before commencing performance under this Agreement, and at all other times this Agreement is effective, CONSULTANT will procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below: Type of Insurance Limits Commercial general liability: $1,000,000 Professional Liability $1,000,000 Business automobile liability $1,000,000 Workers compensation Statutory requirement Commercial general liability insurance will ntcet or exceed the requirements of M ISO -CGL Form No. CG 00 01 1185, 88 or equivalent. The amount of insurance set forth above will be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies will be endorsed to name CITY, its officials, and employees as "additional insureds" under said insurance coverage and to state that such insurance will be deemed "primary" such that any other insurance that may be carried by CITY will be excess thereto. Such endorsement must be reflected on ISO Form No. CG 20 10 1185 or 88, or equivalent. Such insurance will be on an "occurrence," not a "claims made," basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to CITY. C. Professional liability coverage will be on an "occurrence basis" if such coverage is available, or on a "claims made" basis if not available. When coverage is provided on a "claims made basis," CONSULTANT will continue to renew the insurance for a period of time (3) years after this Agreement expires or is terminated. Such insurance will have the same coverage and limits as the policy that was in effect during the term of this Agreement, and will cover CONSULTANT for all claims made by CITY arising out of any errors or omissions of CONSULTANT, or its officers, employees or agents during the time this Agreement was in effect. D. Automobile coverage will be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol t (Any Auto). E. CONSULTANT will furnish to CITY duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement and such other evidence of insurance or copies of policies as may be reasonably required by CITY from time to time. Insurance must be placed with insurers with a current A.M. Best Company Rating equivalent to at least a Rating of "A:'VH." F. Should CONSULTANT, for any reason, fail to obtain and maintain the insurance required by this Agreement, CITY may obtain such coverage at CONSULTANT's expense and deduct the cost of such insurance from payments due to CONSULTANT under this Agreement or terminate pursuant to Section 16. 24. USE OF SUBCONTRACTORS. CONSULTANT must obtain CITY's prior written approval to use any consultants while performing any portion of this Agreement. Such approval must approve of the proposed consultant and the terms of compensation. 25. INCIDENTAL TASKS. CONSULTANT will meet with CITY monthly to provide the status on the project, which will include a schedule update and a short narrative description of progress during the past month for each major task, a description of the work remaining and a description of the work to be done before the next schedule update. 26. NOTICES. All communications to either party by the other party will be deemed made when received by such party at its respective name and address as follows: W If to CONSULTANT: Bartel Associates, LLC 411 Borel Ave., Suite 445 San Mateo, CA 94402 Attention: John E. Bartel J933 ° s. If to CITY: City of El Segundo 350 Main Street El Segundo, CA 90245 �N3 Attention: e 'J*- q V k Any such written communications by mail will be conclusively deemed to have been received by the addressee upon deposit thereof in the United States Mail, postage prepaid and properly addressed as noted above. In all other instances, notices will be deemed given at the time of actual delivery. Changes may be made in the names or addresses of persons to whom notices are to be given by giving notice in the manner prescribed in this paragraph. 27. CONFLICT OF INTEREST. CONSULTANT will comply with all conflict of interest laws and regulations including, without limitation, CI TY's conflict of interest regulations. 28. SOLICITATION. CONSULTANT maintains and warrants that it has not employed nor retained any company or person, other than CONSULTANT's bona fide employee, to solicit or secure this Agreement. Further, CONSULTANT warrants that it has not paid nor has it agreed to pay any company or person, other than CONSULTANT's bona fide employee, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Should CONSULTANT breach or violate this warranty, CITY may rescind this Agreement without liability. 29. THIRD PARTY BENEFICIARIES. This Agreement and every provision herein is generally for the exclusive benefit of CONSULTANT and CITY and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of CONSULTANT's or CITY's obligations under this Agreement. 30. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance with the laws of the State of California, and exclusive venue for any action involving this agreement will be in Los Angeles County. 31. COMPLIANCE WITH LAW. CONSULTANT agrees to comply with all federal, state, and local laws applicable to this Agreement. 32. ENTIRE AGREEMENT. This Agreement, and its Attachments, sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. There is One, Four Page (4) Exhibit Attachments to this Agreement. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. 33. RULES OF CONSTRUCTION. Each Party had the opportunity to independently review this Agreement with legal counsel. Accordingly, this Agreement will be construed simply, as a whole, and in accordance with its fair meaning; it will not be interpreted strictly for or against either Party. N 34. SEVERABILIT'Y. 11' any portion of this Agreement is declared by it court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect. 35. AUTHORITYIMODIFICATION. The Parties represent and warrant that all necessary action has been taken by the Parties to authorize the undersigned to execute this Agreement and to engage in the actions described herein. This Agreement may be modified by written amendment. CITY's executive manager, or designee, may execute any such amendment on behalf of CITY. 36. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature. 37. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of reference only and will not affect the interpretation of this Agreement. 38. TIME IS OF ESSENCE. Time is of the essence for each and every provision of this Agreement. 39. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood, explosion, acts of terrorism, war, embargo, government action, civil or military authority, the natural elements, or other similar causes beyond the Parties' reasonable control, then the Agreement will immediately terminate without obligation of either party to the other. 40. STATEMENT OF EXPERIENCE. By executing this Agreement, CONSULTANT represents that it has demonstrated trustworthiness and possesses the quality, fitness and capacity to perform the Agreement in a manner satisfactory to CITY. CONSULTANT represents that its financial resources, surety and insurance experience, service experience, completion ability, personnel, current workload, experience in dealing with private consultants, and experience in dealing with public agencies all suggest that CONSULTANT is capable of performing the proposed contract and has a demonstrated capacity to deal fairly and effectively with and to satisfy a public CITY. [Signatures on next page] 933 . QS 4 IN WITNESS W I IEREOF die parties hereto have executed this contract the clay and year first hcreinabove written. CITY OF E€. SEGUNDO Aaene,� city. Ma ger ATTEST: / - 14, Cindy Mortesen, City Clerk APPROVED MARK D. H' By: 7// v Karl H. crier, Assis orney y Attorne) John E. Bartel, President Secretary Taxpayer ID No. 02- 0701578 EXHIBIT A RTE L iSSOCIATES, LLC January 30, 2009 Deborah Cullen Director of Finance City of El Segundo 350 Main Street El Segundo, CA 90245 U933, Re: GASB 45 - Other Post Employment Benefits (OPEB) Actuarial Valuation Fee Estimate Dear Ms. Cullen: Bartel Associates would be pleased to provide the City of El Segundo actuarial consulting services. This letter summarizes the project scope and our fee estimate for a June 30, 2008 actuarial valuation for the City's retiree healthcare plan. Retiree Healthcare Benefits The City participates in Ca1PERS providing Miscellaneous employees the 2 0/0@55 benefit, Police Safety employees the 3 % @50 benefit and Fire Safety employees the 3 % @55 benefit. The City also provides medical benefits through the CalPERS healthcare program (PEMHCA) providing eligible retirees a portion of the premium contribution for the medical plan selected by the retiree. For retirees not meeting the eligibility requirement, the City pays only the PEMHCA minimum employer contribution only. The following table summarizes the City's retiree healthcare benefits by bargaining groups: Bargaining Group Eli ibili Retiree Healthcare Benefits Management 0 Service & Disability Retirement a Same as active a No service requirement a 2006 Cap: Misc_ & Fire Mgmt - $1,000 /mo; Police Mgmt -same as Police 2-0u8-20oci fLcNJ Supervisory & a Service & Disability Retirement a Same as active Professional e 5 years service • 2007 Cap = $807 + 80% Ave. HMO Family > $807 e 2008 +: EE/City share medical cost increases 50 % /50% CEA o Service & Disability Retirement o Same as active o 5 years service a 2007 Cap = $807 + 80% Ave. HMO Family > $807 Police o Service & Disability Retirement o Same as active o No service requirement o Cap: Ave. HMO Family premium Fire o Service & Disability Retirement a Same as active o No service requirement o Cap: Ave. HMO Family ore mium As of the June 30, 2006 valuation there were approximately 272 active employees, and 212 retirees receiving healthcare benefits. ' 1 1 Horn' 1vcnu(,. `.miv 141, o Sian Ni,00cc main: ill -1600 e fax' r,;p- .id',-�Q`:1 -web SitP t ... i t r_. -.r'. wt Deborah Cullen January 30, 2009 Page 2 3933 a 4+ 4. nBA GASB 45 Valuation Timing GASB 45 allows the Annual Required Contribution (ARC) to be based on a valuation performed as of a valuation date no earlier than 24 months before the beginning of the biennial valuation period. Since the City implemented GASB 45 for the 2007 /08 fiscal year, the June 30, 2006 valuation can be used for the ARC for the 2 -year period including the 2007 /08 and 2008109 fiscal years. A new valuation is required as of June 30, 2008 to determine the ARCS for the 2009 110 and 2010 /11 fiscal years. Note, however, that a new valuation must be done for the intervening year if any significant changes have occurred since the last valuation, for example, to benefit provisions, plan membership, or the basis of any long -term actuarial assumptions. The City's OPEB financial statement footnote disclosure information should be based on the last valuation completed. Estimated Fees Our fee to prepare a GASB 45 valuation as of June 30, 2008 will be approximately $14,850 with one meeting to discuss valuation results. Project Elements Estimated Fee GASB 45 Actuarial Valuation, including Results Meeting $ 13,500 CalPERS CERBT Certifications, including Final Certificated Results Outline 1,250 Two Alternative Scenarios Showing Impact of Potential Changes in City Contribution Policy 1,500 Total $ 16,250 Please note that our fee estimate assumes that: n We will bill the City at the following hourly rates: Partner $250-$300 Assistant Vice President $200-$225 Senior Actuarial Analyst $150 Actuarial Analyst $125 Administrative Support $75 ►a The City has made no material changes to its retiree healthcare plan since the last actuarial valuation as of June 30, 2006. o Participant census data will be provided completely and accurately in an Excel spreadsheet with one record per individual. ca Costs and liabilities will be provided using one funding method and one set of assumptions including a discount rate of 7.75% since the City is funding at least the full ARC with the CalPERS CERBT. m GASB 45 costs and liabilities will be presented for the plan as a whole with breakdowns for Miscellaneous and Safety employees. m We will have one meeting with the City to review preliminary valuation results and will provide a discussion outline for our meeting. a We will provide the actuarial certification, funding policy certification, and Excel valuation information spreadsheet required by CalPERS. In lieu of a formal valuation report, CalPERS will accept our results discussion outline with a certification and cover letter summarizing the valuation results. Our estimated fees include $500 to prepare the certifications and Excel spreadsheet required by CalPERS and $750 for a certified discussion outline and cover letter. 11 ! , ,.I .. "..it. `, Ir a Ni. It,-( (.:.iGlnmi.i 94402 maitr: k fax: . r, . aa,e(i:.� Deborah Cullen January 30, 2009 Page 3 39 �r We based our estimated fee on our best guess of the amount of time required for the project. This represents the likely cost of the study, but it is possible that unexpected work or complexities may arise that will require additional time. We understand the City's budgeting needs and agree not to bill more than $18,000 in fees for the June 30, 2008 actuarial valuation assuming one meeting with the City and the impact of two alternative City contribution policy scenarios unless the project scope changes. * There will be no additional charges for expenses (e.g., travel, telephone, copying, etc.). The hourly rates listed above include our costs for these items. m We will invoice the City monthly based on time incurred, subject to the above maximum fee. Please note that our fee estimate will be higher if a The City's retiree healthcare promise is more complicated than we have summarized above. o Participant data is not relatively clean and free from internal inconsistencies or is not provided in electronic format (Excel workbook) with one record per participant. e The City changes its funding policy to fund less than the Annual Required Contribution. * Results are needed for additional assumptions, funding methods, contribution policies, or alternative plan designs. a Results are needed separately for additional employee groups. o The City prefers a formal valuation report rather than a certified discussion outline for Ca1PERS or its auditors. Our fee would be approximately $2,000 for a formal report rather than $750 for a certified discussion outline and cover letter. ® The City would like us to prepare an executive summary or a draft financial statement footnote. Our estimated fees would be $1,500 for an executive summary and $1,000 for a draft financial statement footnote. Our discussion outline will include all the information needed for the City's financial statement and should be sufficient for the City's auditors. a The City requests additional meetings. We will base our fee for additional meetings on our billing rates and the time needed for the meetings and preparation. Data Requirements In order for us to begin the GASB 45 study, please provide: a Summary of plan provisions and copies of the most recent MOUs for bargained employee groups and agreements for unrepresented groups, including any changes since the June 30, 2006 actuarial valuation. m Medical, dental, vision, and life premiums for active employees and retirees. a Total pay -as- you -go costs (City's retiree healthcare contribution) for the last 2 complete fiscal years (2006/07 and 2007 /08) and an estimate for the fiscal year ending September 30, 2009. o The City's OPEB financial statement footnote for the fiscal year ending September 30, 2008. a Plan asset information: o CaIPERS CERBT annual trust statement as of June 30, 2008. o Contributions and dates made for 2007/08. * The City's current funding policy if different from that stated in the June 30, 2006 actuarial valuation. m Active and retired participant data in electronic format (Excel workbook): w Active Data - name, employee number, gender, birth date, hire date, medical plans, CalPERS medical plan code, single /2 -party /family coverage, CalPERS pension plan (Miscellaneous, Safety), employee classification (full -time or part - time), bargaining or employee group, spouse's Deborah Cullen January 30, 2009 Page 4 �33 Y! (BA� birth date (if available), and annual base (or PERSable) compensation. include any active employees who have waived healthcare coverage. Note if hours for part-time employees are less than 20 hours per week. ® Retiree Data - name, employee number, gender, birth date, hire date, retirement type (service or disability), retirement date, medical plans, Ca1PERS medical plan code, single/2- party /family coverage, Ca1PERS pension plan (Miscellaneous, Safety), bargaining or employee group, spouse's birth date (if available), portion of premium paid by the City, portion of premium paid by the retiree, and whether the participant is a former employee or surviving spouse. Include retirees and surviving spouses of retirees who have retired under Ca1PERS and participate in PEMHCA even if they are not eligible for a City contribution or have waived coverage. * The City may request a copy of its CaIPERS PEMHCA database by calling the Ca1PERS Employer Contact Center at 888 -225 -7377 or by downloading and submitting the CalPERS "GASB 45 Data Extract Request, Disclaimer, and Non - Disclosure Agreement" from the Ca1PERS website. This data extract may be helpful to the City in assembling the requested employee census information. If the City wants us to use the CaiPERS data extract for the valuation, it should (1) review the data extract to identify any retirees who did not retiree directly from the City and (2) provide the current average annual pay rate for Miscellaneous and Safety employees. In order to maintain confidentiality, do not provide Social Security numbers for the employee number. We will not accept any files that contain Social Security Numbers. We may need additional data, depending on our review of the City's benefit promise. Timing We are prepared to begin this project immediately. Normally, the valuation results meeting is set about 4 -6 weeks after receipt of the requested information. We took forward to working with you and the City. 'L � vka John E. Bartel President c: Bianca Lin, Bartel Associates Joseph D'Onofrio, Bartel Associates o,Vprospoas,,dty orer segundo*l elseg mdoei 09 -01-30 opeb ke later doe DATE (MMIDDIYTYY ACORD., CERTIFICATE OF LIABILITY INSURANCE 5/28/2009 PRODUCER ($18)547 -1975 FAX: (818)242 -5288 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE JOHN SARGEANT INSURANCE AGENCY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 750 FAIRMONT AVENUE, SUITE 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O. BOX 831 NAIC # GLENDALE CA 91209 -0831 INSURERS AFFORDING COVERAGE INSURED INSURERA:FIRST NAT'L. INS. CO /AMER BARTEL- ASSOCIATES, LLC INSURERB.INDIAN HARBOR INS. CO. 411 BOREL AVE STE 445 INSURER c: AMERICAN STATES INS. CO. SAN MATEO CA 94402 INSURER E: HAVE BEEN ISSUED TO THE IN -RANCE LISTED REQUIREMENT, TERM R CONDITION OF AN�Y CONTRACT OR OTHER DOCUMENT WITH RESPECT VTO WHICH THIS ICE CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE THE POLICIES OF IN CE LISTED THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. MAY HAVE BEEN REDU ED BY PAID QLAIMS POLICY EFFECTIVE POLICY EXPIRATION INSRD ISR ADD'L POLICY NUMBER DATE MMfDD/YY DATE MMIDD/ ^^ LIMITS TYPE OF INSURANCE GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY A CLAIMS MADE � OCCUR 25CC12442930 9/1/2008 9/1/2009 EXCESSIUMBRELLA LIABILITY 7 OCCUR FI CLAIMS MADE DEDUCTIBLE C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY GENT AGGREGATE LIMIT APPLIES PER E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE - OIWC14518330 11/17/2008 X POLICY 0 PRO7 LOC If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT MPPOO1715204 COMBINED SINGLE LIMIT (Ea accident) 9/1/2009 $1,000,000 /PER CLAIM $2 , 000, 000 /ANN . AGGR . AUTOMOBILE LIABILITY A A ANY AUTO ALL OWNED AUTOS 25CC12442930 9/1/2008 9/1/2009 BODILY erperson) (Per person) SCHEDULED AUTOS X HIRED AUTOS BODILY INJURY (Per accident) X NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) ONLY - EA ACCIDE GARAGE LIABILITY AUTO ANY AUTO OTHERTHAN EA, AUTO ONLY EXCESSIUMBRELLA LIABILITY 7 OCCUR FI CLAIMS MADE DEDUCTIBLE C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE ANY PROPRIE70RIPARTNERIEXECUTIVE OFFICER/MEMBEREXCLUDED? OIWC14518330 11/17/2008 L11/17/2009 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT MPPOO1715204 9/1/2008 9/1/2009 $1,000,000 /PER CLAIM $2 , 000, 000 /ANN . AGGR . B 07HER MISC. PROFESSIONAL LIABILITY 5 S 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 1,000,000 1,000,000 1,000,000 1,000,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER IS HEREBY NAMED AS ADDITIONAL INSURED ON POLICY #: 25CC12442930 AS RESPECTS OPERATIONS OF THE INSURED ONLY. SEE ATTACHED FORM #: CG76350207. COVERAGE UNDER POLICY #: 25CC12442930 IS PRIMARY 6NON- CONTRIBUTORY ABOVE ANY OTHER INSURANCE THE CERTIFICATE HOLDER(S) MAY CARRY. 10 DAY NOTICE FOR NONPAYMENT OF PREMIUM. City of El Segundo ATTN: Admin. Svcs. Director 350 Main Street, Room 5 El Segundo, CA 90245 -3813 ACORD 25 (2001108) INS025 foloB) osa CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL Xn16X%Y"XX MYyAIIL�L 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 8V'6%� Axe(, t,) c„ �d(, �IaILYtTXl�acas�c�4 ,YDXIi�W4►Y,XX AUTHORIZED REPRESENTATIVE Joanne Sar.geant /0116 © ACORD CORPORATION 1988 Page 1 of 2 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) page 2 of 2 INS025 (of off) oaa BARTEL— ASSOCIATES, LLC POLICY NO: 25CC12442930 COMMERCIAL GENERAL LIABILITY CG 76 35 02 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE A IT CAREFULLY. LIABILITY PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: THE CITY OF EL SEGUNDO, ITS OFFICERS, OFFICIALS, EMPLOYEES, AGENTS AND VOLUNTEERS. ADDITIONAL INSURED — BY WRITTEN CONTRACT, AGREEMENT OR PERMIT, OR SCHEDULE The following paragraph is added to WHO IS AN INSURED (Section II): 4. Any person or organization shown in the Sched- ule or for whom you are required by written con- tract, agreement or permit to provide insurance is an insured, subject to the following additional provisions: a. The contract, agreement or permit must be in effect during the policy period shown in the Declarations, and must have been exe- cuted prior to the "bodily injury", "property damage ", or "personal and advertising injury", b. The person or organization added as an in- sured by this endorsement is an insured only to the extent you are field liable due to: (1) The ownership, maintenance or use of that part of premises you own, rent, lease or occupy, subject to the following additional provisions: (a) This insurance does not apply to any "occurrence" which takes place after you cease to be a tenant in any premises leased to or rented to you; (b) This insurance does not apply to any structural alterations, new con- struction or demolition operations performed by or on behalf of the person or organization added as an insured; (2) Your ongoing operations for that in- sured, whether the work is performed by you or for you; (3) The maintenance, operation or use by you of equipment leased to you by such person or organization, subject to the following additional provisions: (a) This insurance does not apply to any "occurrence" which takes place after the equipment lease expires; Includes Copyrighted Material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services, 2001 CG 76 35 02 07 Page 1 of 4 (b) This insurance does not apply to "bodily injury" or "property dam- age" arising out of the sole negli- gence of such person or organization; (4) Permits issued by any state or political subdivision with respect to operations performed by you or on your behalf, subject to the following additional pro- vision: This insurance does not apply to "bodily injury ", "property damage ", or "personal and advertising injury" arising out of operations performed for the state or municipality. c. The insurance with respect to any architect, engineer, or surveyor added as an insured by this endorsement does not apply to "bodily injury", "property damage ", or "per- sonal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, includ- ing: (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and (2) Supervisory, inspection or engineering services. d. This insurance does not apply to "bodily injury" or "property damage" included within the "products - completed operations haz- ard". A person's or organization's status as an insured un- der this endorsement ends when your operations for that insured are completed. No coverage will be provided if, in the absence of this endorsement, no liability would be imposed by law on you. Coverage shall be limited to the extent of your negligence or fault according to the applicable princi- ples of comparative fault. NON -OWNED WATERCRAFT AND NON -OWNED AIRCRAFT LIABILITY Exclusion g. of COVERAGE A (Section 1) is replaced by the following: This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, mainte- nance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any in- sured. This exclusion does not apply to: (1) A watercraft white ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, pro- vided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, mainte- nance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" arising out of: (a) the operation of machinery or equipment that is attached to or part of, a land vehicle that would quality under the definition of "mobile equipment" if it were not subject to a compulsory or financial responsibility law or other motor ve- hicle insurance law in the state where it is licensed or principally garaged; or (b) the operation of any of the machin- ery or equipment listed in Paragraph f,(2) or f.(3) of the definition of "mobile equipment ". (6) An aircraft you do not own provided it is not operated by any insured. TENANTS' PROPERTY DAMAGE LIABILITY When a Damage To Premises Rented To You Limit is shown in the Declarations, Exclusion j. of Coverage A, Section I is replaced by the following: g. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or j. Damage To Property entrustment to others of any aircraft, "auto" "property damage" to: or watercraft owned or operated by or rented or loaned to any insured, Use includes oper- {1) Property you own, rent, or occupy, including any costs or expenses incurred by you, br ation and "loading or unloading ". Page 2 of 4 any other person, organization or entity, for repair, replacement, enhancement, restora- tion or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations, or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the con- tents of such premises, rented to you. A separate limit of insurance applies to Damage To Prem- ises Rented To You as described in Section III — Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a side- track agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products - completed operations hazard". Paragraph 6. of LIMITS OF INSURANCE (Section 111) is replaced by the following: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay un- der Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, while rented to you or temporarily occupied by you with permission of the owner. The Damage To Premises Rented To You limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. WHO IS AN INSURED — MANAGERS The following is added to Paragraph 2.a. of WHO IS AN INSURED (Section 11): Paragraph (1) does not apply to executive officers, or to managers at the supervisory level or above. SUPPLEMENTARY PAYMENTS — COVERAGES A AND B — BAIL BONDS -- TIME OFF FROM WORK Paragraph 1.b. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is replaced by the following: b. Up to $$,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury liability Coverage applies. We do not have to furnish these bonds. Paragraph 1.d. of SUPPLEMENTARY PAYMENTS COVERAGES A AND B is replaced by the following d. All reasonable expenses incurred by the in- sured at our request to assist us in the in- vestigation or defense of the claim or "suit ", including actual loss of earnings up to $500 a day because of time off from work. EMPLOYEES AS INSUREDS — HEALTH CARE SERVICES Provision 2.a.(1)(d) of WHO IS AN INSURED (Section 11) is deleted, unless excluded by separate endorse- ment. EXTENDED COVERAGE FOR NEWLY ACQUIRED ORGANIZATIONS Provision 3.a. of WHO IS AN INSURED (Section II) is replaced by the following: a. Coverage under this provision is afforded only until the end of the policy period. EXTENDED "PROPERTY DAMAGE" Exclusion a. of COVERAGE A (Section 1) is replaced by the following: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 03 76 35 02 07 Page 3 01 4 EP EXTENDED DEFINITION OF BODILY INJURY Paragraph 3. of DEFINITIONS (Section V) is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any -of these at any time. TRANSFER OF RIGHTS OF RECOVERY The following is added to Paragraph S. Transfer Of Rights Of Recovery Against Others To Us of COM- MERCIAL GENERAL LIABILITY CONDITIONS (Sec- tion IV): We waive any rights of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to a person or organization for whom you are required by written contract, agreement or permit to waive these rights of recovery. AGGREGATE LIMITS OF INSURANCE — PER LOCATION For all sums which the insured becomes legally obli- gated to pay as damages caused by "occurrences" under COVERAGE A (Section 1), and for all medical expenses caused by accidents under COVERAGE C (Section 1), which can be attributed only to operations at a single 'location ": Paragraphs 2.a. and 2.b. of Limits of Insurance (Sec- tion III) apply separately to each of your "locations" owned by or rented to you, "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway, or right -of -way of a railroad. INCREASED MEDICAL EXPENSE LIMIT The Medical Expense Limit is amended to $10,000. KNOWLEDGE OF OCCURRENCE The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): Knowledge of an `occurrence ", claim or "suit" by your agent, servant or employee shall not in itself constitute knowledge of the named insured unless an officer of the named insured has received such notice from the agent, servant or employee. UNINTENTIONAL FAILURE TO DISCLOSE ALL HAZARDS The following is added to Paragraph 6. Representa- tions of COMMERCIAL GENERAL LIABILITY CONDI- TIONS (Section IV): If you unintentionally fail to disclose any hazards ex- isting at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. LIBERALIZATION CLAUSE The following paragraph is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): 10. If a revision to this Coverage Part, which would provide more coverage with no additional pre- mium, becomes effective during the policy period in the state shown in the Declarations, your pol- icy will automatically provide this additional cov- erage on the effective date of the revision. 01 :11 ijyj J 4A 6ilI 30I��a f`t 130 3 8 U10