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HomeMy WebLinkAboutR-82-0448RESOLUTION NO. 82-r448 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT, IN SUBSTANTIALLY THE FORr1 ATTACHED HERETO, BETTATEE14 THE CITY OF MIANII AND TILLINGHAST, NELSON & WARREN, INC., FOR ACTUARIAL EXPERIENCE SERVICES AS REQUIRED BY THE MIAMI CITY GENEPAL EMPLOYEES' RETIREMENT SYSTEM, USING FUNDS THEREFOR FROM CURRENTLY BUDGETED FUNDS. WHEREAS, under Section 40-206(v) of the Miami City Code, the Miami City General Employees' Retirement System Board is required to designate a Consultant in actuarial experience services to be its technical advisor; and WHEREAS, the M^.iar►i City General Employees' Retirement System Board has designated Tillinghast, nelson & Warren, Inc. to be its Consultant in such services; and WHEREAS, monies for said actuarial experience services are available from currently budgeted funds; NOW, THEREFORE, BE IT RESOLVED BY THE COr-UIISSIor1 OF THE CITY OF MIA11I , FLORIDA: Section 1. The City Manager is hereby authorized to execute a Professional Services Agreement, in substantiall�T the form attached hereto, between the City of Miami and Tillinghast, Nelson & Warren, Inc., for professional actuarial experience services to be provided to the Miami City General Employees' Retirement System Board using funds therefor from Account 0440101-000210 System Trust and Agency Fund Professional Services/Actuary. PASSED AND ADOPTED this 27 day of ATTEST: MAY , 1982. MAURICE A. FERRE 14 A Y O R Ct1Y COMMISSION I C./ MEETING OF GIE, CITY CLERK MAY 282 44ft PREPARED A14D APPROVED BY: J � J . COP ASSISTANT Gl APPROVED AS TO G J ATTORNEY GEOR F. KNOX, JR. CITY TORNEY -I- SS: 82--448 0 0 PROFESSIONAL SERVICES AGREEMENT This Agreement entered into as of the 2 3 ✓� day of lGCor 1982, by and between the City of Miami, a municipal corporation of Dade County, Florida, hereinafter referred to as "CITY" and Tillinghast, Nelson & Warren, Inc., hereinafter referred to as "CONSULTANT". W I T N E S S E T H: WHEREAS, THE CITY OF MIAMI, requires professional services in the nature of actuarial experience services; and WHEREAS, the CONSULTANT has expressed a desire to perform the required services for the City; and WHEREAS, the Miami City Employees Retirement System has approved of this at its meeting of November 5, 1981. NOW, THEREFORE., the CITY and CONSULTANT agrees as follows: 1. TERM This Agreement shall commence November 5, 1981 for the purpose of providing actuarial experience services and shall terminate FL 3 2. BASIC SERVICES (1) The CONSULTANT shall provide the following pro- fessional services: a. Development of Employee Data Base - This would include establishment of appropriate data specifications to be used in employee data collection to be used as a basis of the experience study. (The City would be responsible for actual gathering and compilation of accurate data for submission to the actuary in a magnetic tape or punched cards). b. Experience Analysis - The major elements of ex- perience with regard to the City of Miami Employees Retirement System would be reviewed and analyzed and recommendations made with regard to what elements should be considered for revision. As part of this review, an experience study would be made of the mortality, service and compensation experience of the mem- bers and beneficiaries of the retirement system. Co Experience Study Report - The experience study report will be prepared in compliance with City of Miami Code Section 40.206(v), State of Florida law and guidelines regard- ing reporting on local retirement systems. Ten copies of the final report will be provided as part of the scope of work. Additional copies will be provided upon request. 3. COMPENSATION (1) The CITY shall pay the CONSULTANT, as compensa- tion for the services required pursuant to Paragraph 2 hereof, a fee based upon hourly billing rates in the amount of: Actuarial Consultants/Account Managers - $60 to $14 0 per hour Technical Assistants - $35 to $50 per hour Data Processing Employees - $25 to $40 per hour Secretaries - $20 to $25 per hour In addition, charges will be billed for computer time, travel per diem and telephone expenses. Included in the above hourly rates are the provision of 10 copies of the report. Additional copies shall be billed as requested. (2) Such fee shall be paid upon submission by the CONSULTANT of monthly billings; such billings shall be paid within 45 days of submission. The CITY shall have the right to review and audit the time records and related records of the CONSULTANT pertaining to any such billings. (3) The CONSULTANT and the CITY hereby agree that the maximum amount payable under this contract shall not ex - Geed $6,600. 4. TERMINATION OF CONTRACT The CITY retains the right to terminate this Agree- ment at any time prior to the completion of the WORK without penalty to the CITY. In that event, notice of termination of � ; •a V this Agreement shall be in writing to the CONSULTANT who shall be paid for all WORK performed prior to the date of this re- ceipt of the notice of termination. in no case, however, will the CITY pay the CONSULTANT an amount in excess of the total sum provided by this Agreement. It is hereby understood by and between the CITY and the CONSULTANT that any payment made in accordance with this Section to the CONSULTANT shall be made only if said CONSUL- TANT is not in default under the terms of this Agreement. If the CONSULTANT is in default under the terms of this Agreement, then the CITY shall in no way be obligated and shall not pay to the CONSULTANT any sum whatsoever. 5. GENERAL CONDITIONS (1) All notices or other communications which shall or may be given pursuant to this Agreement shall be in writing and shall be delivered by personal service, or by registered mail or by telegraph addressed to the other party at the ad- dress indicated herein or as the same may be changed from time to time. The CITY shall be notified through: Elena Rodriguez Pension Administrator The Miami City Employees Retirement System P.O. Box 330708 Miami, Florida 33133 The CONSULTANT shall be notified through: Tillinghast, Nelson & Warren, Inc. Attention: Michael J. Tierney Suite 130 IBM Building 815 South Main Street Jacksonville, Florida 32203 Such notice shall be deemed given on the day on which person- ally served; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. (1) No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall ■ 3 l —441R be effective unless made in writing. 6. OWNERSHIP OF DOCUMENTS All writings, diagrams, tracing, charts, and schedules developed by CONSULTANT under this Agreement, shall be delivered to the CITY by said CONSULTANT upon completion of the WORK and shall become the property of the CITY, without restriction or limitation on their use. CONSULTANT agrees that all documents, records and reports maintained and generated pursuant to this contractual relationship between the CITY and CONSULTANT shall be subject to all provisions of the Public Records Laws, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, maps, contract documents, re- ports or any other matter whatsoever which is given by the CITY to the CONSULTANT pursuant to this Agreement shall at all times remain the property of the CITY and shall not be used by the CONSULTANT for any other purposes whatsoever without the writ- ten consent of the CITY. 7. AWARD OF AGREEMENT The CONSULTANTS warrant that they have not employed or retained any company or persons to solicit or secure this Agreement and that they have not offered to pay, paid, or agreed to pay any person or company any fee, commission, per- centage, brokerage fee, or gifts of any kind contingent upon or resulting from the award of making this Agreement. The CONSULTANTS are aware of the conflict of interest laws of the City of Miami (Miami City Code Chapter 2, Article V), Dade County, Florida (Dade County Code, Section 2-11.1) and the Florida Statutes, and agree that they will fully comply in all respects with the terms of said laws. 8. NON-DELEGABILITY It is understood and agreed that the obligations undertaken by the CONSULTANT pursuant to this Agreement shall 4 82--448 not be delegated to any other person or firm unless the CITY shall first consent in writing to the performance of such ser- vices or any part thereof by another person or firm. 9. CONSTRUCTION OF AGREEMENT The parties hereto agree that this Agreement shall be construed and enforced according to the laws, statutes and case laws of the State of Florida. 10. SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, succes- sors, and assigns. 11. AUDIT RIGHTS The CITY reserves the right to audit the records of the CONSULTANT at any time during the performance of this Agree- ment and for a period of one year after final payment is made under this Agreement. 12. INDEMNIFICATION CONSULTANT shall indemnify and save the CITY harm- less from and against any and all claims, liabilities, losses, and causes of action which may arise out of CONSULTANT'S acti- vities under this contract, including all other acts or omis- sions to act on the part of the CONSULTANTS or any of them, including any person acting for or on his or their behalf. 13. CONFLICT OF INTEREST The CONSULTANT covenants that no person under its employ who presently exercises any functions or responsibili- ties in connection with this Agreement has any personal finan- cial interests, direct or indirect, in this Agreement. The CONSULTANT further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interests on the part of the CONSULTANT or its employees, must be disclosed in writing to the CITY. The CONSULTANT, in the performance of this Agreement, shall be sub- k, ject to the more restrictive law and/or guidelines regarding conflict of interest promulgated by federal, state or local government. 14. INDEPENDENT CONTRACTOR That the CONSULTANTS and its employees and agents shall be deemed to be an independent contractor, and not an agent or employee of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinance of the CITY, or any rights generally afforded classified or unclassi- fied employees; further he/she shall not be deemed entitled to Florida Worker's Compensation benefits as an employee of the CITY. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by the respective officials thereunto duly authorized, this the day and year first above written. Witnesses: Attest: City Clerk Prepared by JOHN J. CpP5 AN, JR. ASSISTANT CITY ATTORNEY CONSULTANT Tillinghast, Nelson & Warren, Inc. By: � Michael J rney V1CAC f(e t SEA CITY OF MIAMI, a municipal Corporation of the State of Florida By: City Manager APPROVED AS TO FORM AND CORRECTNESS: GEORGE F. KNOX, JR. CITY ATTORNEY 6 82w-448 149 Howard Gary City Manager Elena Rodrigue �. Administrator Pension Department Recommendation MarcQL4; 1982_ • V, Actuary Contract for Commission Action _. 2 It is recommended by the Miami City Employees' Retirement System Board that the contract with Tillinghast, Nelson & Warren, Inc., providing special actuarial services to the System, be ratified by the Miami City Commission. Background Section 40-206 of the City of Miami Code requires that the Board, at least once in each three-year period, cause an actuarial investigation to be made into the mortality, service and compensation experience of the members and beneficiaries of the retirement System and, taking into account the result of such investigation, the board shall adopt for the retirement System such mortality, service and other tables as shall be deemed necessary and shall recommend for adoption the necessary rates of contribution. On the basis of such tables, the actuary shall make annual actuarial valuation of the assets and liabilities of the funds of the retirement System. This contract provides for actuarial services to comply with Section 40-206 of the City of Miami code. Funds to pay for this expense were provided in the 1981-82 Budget. ER: j s -1 82-4413.