HomeMy WebLinkAboutR-81-0963RESOLUTION NO. 8 1- 9 6 3
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO NEGOTIATE, AND EXECUTE A PROFESSIONAL
SERVICES AGREEMENT, IN SUBSTANTIALLY THE
FORA ATTACHED HERETO, WITH THE FIRM OF E. It.
FRIEND AND COMPANY FOR EXPERT ASSISTANCE IN
PENSION MATTERS AT A COST NOT TO EXCEED
$40,000 WTTII FUNDS 'THEREFOR ALLOCATED FROM
THE CONTINGENT FUND.
WHEREAS, the City of Miami is concerned about the fiscal
stability of its municipal operations; and
WHEREAS, recent state and federal laws have made pension
funding and administration more complex and demanding; and
WHEREAS, E. 11. Friend and Company is an expert in the area
of pension and is extremely knowledgeable about the City's pension
program;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMl, FLORIDA:
section 1. The City 1lanager is hereby authorized to
negotiate and execute a professional services agreement, in
substantially the form attached hereto, with the firm of I:. H.
Friend and Company for expert assistance in pension matters -
at a cast not to exceed $40,000, With funds therefor herebv
al. .located from the Contingent Fund.
PASSED AND ADOPTED this 12 day of November 1981.
MAURICE A. FERRE
Di A Y 0 R
'EST:
RALPIi G. ONGIE CITY CL h
PREPARED AND APPROVED BY:
Ae ..
ROBFRT F. CLARK
ASSISTANT CLTY ATTORNEY
APP 1 : AS T� 1
C.EO G F. KNOX, JR. ,
C1T ATTORNEY
ND CORRECTNESS:
CITY COMMISSION
MEETING OF
NOV1 21981
REiOU=N NO...... ......9 6
REWIRKS................»...........
CITY OF MIAMI. FLORIDA
31 ft�i
L 1; i �:► t' A r I _i? IAA ( 4l
� INT'_E�i=c�'�'�iCffi•10RnNDt,!vt
OCT 9 Id 9: 2 J
-o Howard V. Gary CIATt October 8, 1981 F)L£
— City Manager
.11 �,� Agenda Item
Carlos E. Garcia
Acting Director of a ce ENCLOEURF, (1)
It is recommended that the attached
resolution be adopted authorizing the
City Manager to enter into a contract
with the firm of E. H. Friend & Company
for assistance in pension matters at a
cost not to exceed $40,000.
The firm of E. H. Friend and Company has assisted the City administration
for several years in implementing the City Commission's directions in pension
matters as well as providing actuarial cost information on the retirement bene-
fits the City provides to its employees.
The continuance of the E.H. Friend Contract will provide the City with assistance
in any issues related to pension matters.
cc: George F. Knox, Jr.
City Attorney
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-963
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PROFESSIONAL SERVICES AGREEMENT
This.Agreement entered into as of the day of
, 1981, by and between the City of t;iami, a
municipal corporation of Dade County, Florida, hereinafter
referred to as "CITY" and Edward H. Friend & Co., 1800 K
Street, N. W., Washington, D.C., hereinafter referred to as
"CONSULTANT".
W I T N E S S E T H:
WHEREAS, THE CITY OF MIAMI FLORIDA, requires professional
services in the nature of actuarial consulting; and
WHEREAS, the CONSULTANT has expressed a desire to
perform the required actuarial services for the City; and
IMEREAS, the City Commission authorized the City tanager
to negotiate and execute a professional service agreement by
Resolution No. 81-5;
14014, THEREFORE, the CITY and CONSULTANT agree as follows:
1. TERM:
This Agreement shall commence
, for
the purpose of providing actuarial services to the CITY for
the fiscal year ending and shall terminate
on
2. BASIC SERVICES:
(a) The CONSULTANT shall provide the following
professional services as a part of this Agreement:
(1) Assist the City Administration in the preparation
of policies related to the City's pension plans.
(2) Present and explain pension policies to the City
Commission.
(3) Prepare special actuarial reports for both City
pension plans.
(4) Analyze and explain to the City Administration and
City Commission actuarial requirements as proposed
by both pension plans.
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(5) Prepare funding alternatives for the City's
pension plans.
(6) Assist the City Administration in complying with
.the requirements of Florida's Public Employees' _
Retirement Benefits Act. —
(7) Keep City Administration informed on Federal and
State laws affecting pension plans.
(8) Provide expert testimony in litigations related to
pension matters, including but not limited to method-
ology and soundness of pension systems.
- (9) Other pension related activities and additional work }
as requested by the City Manager.
3. COMPENSATION
(a) The CITY shall pay the CONSULTANT, as compensa-
tion for the services required pursuant to Paragraph 2 hereof,
a fee up to dollars to be calcu-
lated and billed upon a time and expense basis based on the
CONSULTANT'S standard hourly rate schedules and expense charges
which, at this date, are approximately as follows:
(1) Professional fees - hourly rates
chief actuary
senior consultants/actuaries
consultants/actuaries
junior consultants/actuaries
actuarial associates/senior
administrative staff
statistician/clerical
(2) Computer expense charges - 150% of costs is charged directly
to the client account; of which the 50% margin covers
unassigned overhead costs associated with computer processing;
efforts relating to generalized subroutine development and
analysis, training, terminal maintenance, record keeping,
auditing of invoice charges, management, etc.
(3) Additional expense costs not included in professional fees
(other than computer charges) - 100% of the cost for the
items listed below are charged directly to the client
account without additional margin.
(a) copying/printing
(b) postage
(c) telephone
(d) delivery
(e) travel
€31�963
(b) Such fee shall be paid upon submission by the Con-
sultant of monthly billings; such monthly billings shall be
paid within fifteen (15) 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.
(c) Notwithstanding the above rates or the time and
cost involved, the CONSULTANT shall be reimbursed for attending a
meeting in Miami at a cost not to exceed Five hundred and twenty
five ($525.00) dollars for any one meeting. All expenses relating
to travel shall be approved in advance by the CITY.
(d) The CONSULTANT and the CITY hereby agree that the
maximum amount payable under this contract shall not exceed
and that any party may
immediately and at any time terminate this Agreement when the
costs hereinabove reaches
When the aggregate accumulation of charges reaches
'dollars, the CONSULTANT shall notify the
CITY and the parties may mutually agree to amend this Agreement
to extend it beyond the sum of
dollars.
4. TERMINATION OF CONTRACT
The CITY retains the right to terminate this Agreement
at any time prior to the completion of the WORK without penalty
to the CITY. In that event, notice of termination of this
Agreement shall be in writing to the CONSULTANT who shall be
paid for all WORK performed prior to rho date of his receipt
of the notice of termination. Basis for payment shall be as
set out. 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 CONSULTANT 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
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81-963
in no way be obligated and shall not pay to the CONSULTANT any
sum whatsoever.
5. 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,
i
;j 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 Law,
Chapter 119, Florida Statutes.
It is further understood by and between the parties that
any information, writings, maps, contract documents, reports or any
Qther matter whatsoever which is given by the CITY to the CONSULTANT
pursuant to this Agreement shall at all time remain the property of
the CITY and shall not be used by the CONSULTANT for any other
purposes whatsoever without the written consent of the CITY.
6. 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, percentage, 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.
7. NON-DELEGABILITY
It is understood and agreed that the obligations under-
taken by the CONSULTANT pursuant to this Agreement shall not be
delegated to any other person or firm unless the CITY shall first
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consent in writing to the performance of such services or any part
thereof by another person or firm.
8. 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.
9. SUCCESSORS AND ASSIGNS
This Agreement shall be binding upon the parties hereon,
their heirs, executors, legal representatives, successors, and
assigns.
10. AUDIT RIGHTS
The CITY reserves the right to audit the records of the
CONSULTANT at any time during the performance of this Agreement
i
and for a period of one year after final payment is made under
fl this Agreement.
11. INDEMNIFICATION
CONSULTANT shall indemnify and save the CITY harmless
from and against any and all claims, liabilities, losses, and
causes of action which may arise out of CONSULTANT'S activities
under this Contract, including all other acts of omissions to
act on the part of the CONSULTANTS, or any of them, including
any person acting for or on his or their behalf.
12. CONFLICT OF INTEREST
The CONSULTANT covenants that no person under its
employ who presently exercise any functions or responsibilities
in connection with this Agreement has any personal financial
interests, direct or indirect, in this Agreement. The CONSULTANT
i
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 subject to the more
restrictive law and/or guidelines regarding conflict of interest
promulgated by Federal, State or Local government.
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13. 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 unclassified enployees;
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
CONSULTANT
EDWARD H. FRIEND & CO.
By:
Edward H. Friend, President
(SEAL)
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
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81 - 963