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HomeMy WebLinkAbout2003 CON Phase II Systems - PARS Pension ServicesPARS PUBLIC • AGENCY • RETIREMENT • SYSTEM Phase II Systems PARS Trust Administrator Creative Solutions far Public Agencies - CONSULTANT AGREEMENT The Consultant Agreement (hereinafter referred to as "Agreement") is effective on December 16, 2003, between the Phase II Systems, the PARS Trust Administrator (referred to hereinafter as the "Consultant") and the City of National City (referred to hereinafter as the "City"). WHEREAS, the City desires to retain Consultant to provide professional consulting services; and WHEREAS, the Consultant has the knowledge, experience, expertise and ability to provide these consulting services; and WHEREAS, the parties desire to enter into an agreement concerning the provision of these consulting services; NOW, THEREFORE, in consideration of the promises and the mutual convenants contained herein, the parties agree as follows: 1. Services Consultant shall provide experienced professionals to advise the City on matters relating to the examination and feasibility of a pension plan for the Mayor's Office. The Consultant shall analyze programs used by similar cities and provide recommendations with regards to plan design and implementation for the City. The Consultant shall also analyze the potential cost or savings to the City of such a program if implemented. The services of the Consultant are provided with the understanding that the Consultant does not engage in the practice of law, accounting, or actuarial science. A written report will be submitted at the conclusion of the work. All services shall be completed by May 1, 2004_ II. Compensation, Billing, Terms and Procedures Consultant will be paid professional fees for the consulting services it provides based on the standard hourly rates which vary according to the level of professional staff working on the project as follows: 3961 MacArthur Blvd. • Suite 200 • Newport Beach • California • 92660 • (800) 540.6369 • WWW.PARSINFO.ORG • Fax (949) 250.1250 Position Hourly Rate Senior Vice President $225.00 Vice President $180.00 Managerial $155.00 Analyst $115.00 Clerical/Secretarial Staff $65.00 To provide a measure of cost containment for the City, total billed hours shall not exceed $10,000. The City shall pay Consultant's fees and expenses within thirty (30) days of receipt of invoice. III. Confidentiality Consultant agrees that all information and material provided to Consultant by City during the course of this engagement will be treated as confidential. Consultant shall not, at any time, provide to anyone or use such confidential information, whether written or oral, without the consent of City. Records During the term of this Agreement, and for a period of five (5) years after termination of this Agreement, Consultant shall provide duly authorized representatives of the City access to all records and material relating to calculation of Consultant' fees under this Agreement. Such access shall include the right to inspect, audit and reproduce such records and material and to verify reports furnished in compliance with the provisions of this Agreement. All information so obtained shall be accorded confidential treatment as provided under applicable law. Independent Contractor Consultant is and at all times hereunder shall be an independent contractor. As such, neither the City nor any of its officers, employees or agents shall have the power to control the conduct of Consultant, its officers, employees or agents, except as specifically set forth and provided for herein. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. Indemnification Consultant and City hereby indemnify each other and hold the other harmless, including their respective officers, directors, employees, agents and attorneys, from any claim, Toss, demand, liability, or expense, including reasonable attorneys' fees and costs, incurred by the other as a consequence of Consultant's or City's, as the case may be, acts, errors, or omissions with respect to the performance of their respective duties hereunder. Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event any party institutes legal proceedings to enforce or interpret this Agreement, venue and jurisdiction shall be in any state court of competent jurisdiction. Ownership of Reports and Documents The originals of all letters, documents, reports, and data produced for the purposes of this Agreement shall be delivered to, and become the property of the City. Copies may be made for Consultant but shall not be furnished to others without written authorization from City. Designees The Plan Administrator of the City, or their designee, shall have the authority to act for and exercise any of the rights of the City as set forth in this Agreement, subsequent to and in accordance with the written authority granted by the Governing Board of the City, a copy of which writing shall be delivered to Consultant. Any officer of Consultant, or his or her designees, shall have the authority to act for and exercise any of the rights of Consultant as set forth in this Agreement. Notices All notices hereunder and communications regarding the interpretation of the terms of this Agreement, or changes thereto, shall be effected by delivery of the notices in person or by depositing the notices in the U.S. mail, registered or certified mail, return receipt requested, postage prepaid and addressed as follows: (a) To Phase II Systems: Phase II Systems; 3961 MacArthur Boulevard, Ste. 200; Newport Beach, CA 92660; Attention: President (b) To City: City of National City; 1243 National City Blvd.; National City, CA. 91950; Attention: City Manager Notices shall be deemed given on the date received by the addressee. Amendment This Agreement may not be amended orally, but only by a written instrument executed by the parties hereto. Entire Agreement This Agreement, including exhibits, contains the entire understanding of the parties with respect to the subject matter set forth in this Agreement. In the event a conflict arises between the parties with respect to any term, condition or provision of this Agreement, the remaining terms, conditions and provisions shall remain in full force and legal effect. No waiver of any term or condition of this Agreement by any party shall be construed by the other as a continuing waiver of such term or condition. Counterparts This Agreement may be executed in any number of counterparts, and in that event, each counterpart shall be deemed a complete original and be enforceable without reference to any other counterpart. Headings Headings in this Agreement are for convenience only and shall not be used to interpret or construe its provisions. IN WITNESS, WHEREOF, the parties have executed this Agreement effective on the date and year first set forth above. PARS Trust Administrator, Phase II Systems By Title Date FADENNIS1National CitylEngagement Agreement IH.doc By Title Date City of National City V i (R - lMAyd� 1'Z fit- d3 APPROVED AS TO FORM George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE December 16, 2003 C-1-603'SC AGENDA ITEM NO. 5 ITEM TITLE RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PHASE II SYSTEMS TO PROVIDE SERVICES RELATIVE TO A PARS PENSION PLAN PREPARED BY George H. Eiser, 11104 DEPARTMENT (Ext. 4221) EXPLANATION City Attorney At a Council workshop held earlier this year, the Mayor discussed a proposal to establish term limits for the Mayor's Office, coupled with a pension plan for that office. Establishment of term limits would require voter approval. The proposed resolution would authorize an agreement with Phase II Systems, the Public Agency Retirement System (PARS) trust administrator, to examine the feasibility of establishing a pension plan. Under the proposed Agreement, Phase II Systems would analyze programs used by similar cities and provide recommendations with regard to plan design and implementation for National City. The Consultant would also analyze the potential cost or savings to the City if such a program were implemented. Environmental Review X N/A Financial Statement Funds are available. Approved By: ma" ce hector Account No901-409-000-710 0000 STAFF RECOMMENDATION Adopt resolution approving agreement. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 2003-173 Resolution Proposed agreement A-200 (9:99) RESOLUTION NO. 2003 — 173 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PHASE II SYSTEMS TO PROVIDE SERVICES RELATIVE TO A PARS PENSION PLAN WHEREAS, the City desires to retain a consultant to provide consulting services relating to the examination and feasibility of a pension plan for the Mayor's Office; and WHEREAS, the City has determined that Phase II Systems has the knowledge, experience, expertise and ability to provide these services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Phase II Systems to provide services relative to PARS Pension Plan. Passed and adopted this 16th day of December, 2003. ATTEST: Mich Mi el Dalla, City/Clerk APPROVED AS TO FORM: George H.tiser, III City Attorney Nick Inzunz'Mayor Passed and adopted by the Council of the City of National City, California, on December 16, 2003, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California it Jerk of the Cit y ty if National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2003-173 of the City of National City, California, passed and adopted by the Council of said City on December 16, 2003. City Clerk of the City of National City, California By: Deputy