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HomeMy WebLinkAboutResolution - 2015-R0126 - Interlocal Agreement_ Lubbock And North Central Texas Council Of Governments - 04_23_2015Resolution No. 2015-RO 126 April 23, 2015 Item No. 5.4 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK- THAT the City Council of the City of Lubbock hereby authorizes and directs the Mayor of the City of Lubbock to execute an Interlocal Governmental Agreement by and between the City of Lubbock and North Central Texas Council of Governments of Arlington, Texas, for cooperative purchasing for actuarial shared services, which Agreement and any associated documents are attached hereto and made a part of this Resolution for all intents and purposes. Passed by the City Council on April 23 12015 GL C. R ERTSON. MAYOR ATTEST: Rebec Garza, City Secretary APPROVED AS TO CONTENT: qumja M�� Pamela Moon CPA, Executive Director of Finance APPROVED AS TO FORM: Amy L. Sims, Deputy City Attorney Res.NCTCOG 4.8.15 Resolution No. 2015-RO126 INTERLOCAL AGREEMENT 31 �p15 FOR COOPERATIVE URCHASING FOR Ntr7C�f3 ACTUARIAL SHARED SERVICES Adm;nlstrat;an t]eP� T141S INTERLOCAL AGREEMENT ("Agreement"), made and entered into pursuant to the Texas Interlocal Cooperation Act. Chapter 791. Texas Government Code (the "Act"). by and between the North Central Texas Council of Governments, hereinafter referred to as "NCTCOG," shaving its principal place of business at 616 Sir Flags Drive, Arlington. Texas 76011, and City of Lubbock a local goverment, created and operated to provide one or more governmental functions and services, hereinafter referred to as "Participant." having its principal place of business at 1625 13'1' Street, Lubbock. Texas 79401. WITNESSETH WHEREAS. NCTCOG is ,, regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental functions and services, including the development of a standard approach for acquiring actuarial services; and WHEREAS, in reliance on such authority, NCTCOG has a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, NCTCOG extended the original agreement with Gabriel, Roeder, Smith and Company to provide such services to until September 30, 2017; and WHEREAS, the Participant has represented that it is an eligible entity under the Act that by Administrative Action has authorized this Agreement on April 23. 2015 and that it desires to contract with NCTCOG on the terms set forth below: NOW, THEREFORE, NCTCOG and the PARTICIPANT do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act because it's a local government, as defined in the Act, and (2) it possesses adequate legal authority to enter into this Agreement. ARTICLE 2: APPLICABLE LAWS NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 3; WHOLE AGREEMENT This Agreement and any attachments, as provided herein. constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4: BILLINGS Billings will be generated for the Actuarial Shared Services through Gabriel Roeder Smith & Company based upon Administrative Fee of $125 per valuation cycle (effective October 1, 2012). Each party paying for the performance of said functions of soveni ment shall make those payments from current revenues available to the paying party. ARTICLE 5: CHANGES AND AMENDMENTS This Agreement may be amended only, by a written amendment executed by both parties, except that any alterations. additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become effective on the date designated by such law or regulation. NCTCOG reserves the right to make changes in the scope of services offered through the Cooperative Purchasing Program to be performed hereunder. N. Professional Standards. GRS will provide qualified personnel for each engagement and follow all professional standards ascribed by the American Academy of Actuaries and the Governmental Accounting Standards Board. O. Non -Arbitration. The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise. including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further. the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document. this provision shall control. P. Non -Appropriation. All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the good or services provided under the contract. the City will terminate the contract.. without termination charge or other liability, on the last day of the then - current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this contract is spent. whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on thirty (30) days prior written notice. but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination. IE, iiTGABRLROEDER, Svi ri oCO. By: Title: CONTRALTI G GO RNMENT By: GLEP. , R-OBfRTSON, Mayor AT'rFCT- Reb cca Garza, City Secreta APPRO"cD AS TO CON T ENT: Bv: , L A., Pamela Moon. Exec. Dir of Finance Date: % z 0 / 5 Date: April 23, 2015 nnn ll{ ft'�Ilti • n T/ rr n % ,(_ APPROVED HJ 10 rv1VVl: m City orne Gabriel Roeder Smith & Company THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: *Denotes required! fields NOTE: Facsimile copies ofthis doewnent shall not he acceptable as ORIGINALS. *CITY OF LUBBOCK Name of Participant (local government. agerfc.r. or non-profit Corporation) *PO BOX 2000 Ntarlme Address *Lubbock TX 79457 Cm Slate 7.111 Code * By: GLEN C. RTSON IAYOR ATTEST: Rebecca 1Vjarza, Citv Secretary APPROVED AS TO C01�TE'NT: -�q �' oy�� Pamela Moon, CPA, Executive Director of Finance APPROVED AS TO FORA: lntcrstate 0 rev 10105 North Central Testis Council of Govertinients 616 Six Flans Drive. ArlinLton. Texos 76011 * By: SianatuL�c�thorized Ofiic I *Monte Mercer Typed Name of Authorized Official *Deputy Executive Director t bs TNped Title of Authom-ed Official Daw Gabriel Roeder Smith & Company 5605 N. 'MacArthur Blvd. 469.524.0000 phone Consultants &Actuaries suite 870 469.524.0003 fax GRS Irving, TX 75038-2631 www.galirielroeder.coni MASTER AGREEMENT Pursuant to the award of Joint Actuarial Services by the North Central Texas Council of Governments (NCTCOG), this agreement confirms the terms under which the CITY OF LUBBOCK hereinafter referred to as 'CONTRACTING GOVERNMENT"" has engaged Gabriel. Roeder. Smith & Co. hereinafter referred to as "GRS"' to perform actuarial consulting services. In as much as this relationship will involve several actuarial reviews and other services that will be governed by the Request for Proposal issued by NCTCOG on May 31. 2006 and our subsequent response to that proposal, we have agreed to establish this "master agreement" defining the general terms and conditions for all work performed. This agreement will not, by itself, authorize the performance of any services. Rather specific services will be authorized through a separate engagement letter that references this master agreement and details the services to be provided and the timeframe and fees required. In the event of an inconsistency between this master agreement and an individual engagement letter. the master agreement will be Followed. As described in the above referenced Request for Proposal the following terms apply: A. Tax Exempt Entities. CONTRACTING GOVERNMENT is exempt from manufacturer's federal excise tax and states sales tat. Tax exemption certificates will be issued upon request. B. Role of NCTCOG. NCTCOG has served as a facilitator to the RFP and award process but the contractual relationship is between GRS and the CONTRACTING GOVERNMENT. C. A are ate ]information. GRS agrees to supply NCTCOG with the specified results from the valuations and to aggregate that information with that of other governments for the purpose of benchmarkine. D. Fees. GRS agrees to follow the attached pricing schedule ("Attachment A") for pricing of its services. E. Review of Charges. CONTRACTING GOVERNMENT has the right to review the supporting documentation for any hourly charges or out of pocket expenses assessed to the CONTRACTING GOVERNMENT under the tee schedule. F. Termination. Both CONTRACTING GOVERNMENT and GRS will have the right to terminate this agreement through written notice. CONTRACTING GOVERNMENT will pay any charges or prorate fees incurred to the date the termination notice is received and actuary will cease any in pro;�ress work unless specific stopping points are provided in the letter. G. Work Product. The final work product will be the property of the CONTRACTING GOVERNMENT to be used as stated in the specific engagement letter. Ancillary use of the product is permitted but GRS is not responsible for the reliability of those projections. It is understood that all reports are subject to the open records lays of the State of Texas and the contracting jurisdiction. H. Independent Contractor. All the services provided by GRS will be as an independent contractor. None of the terms in the engagement letter will be interpreted to create an agency or employment relationship. Biennial Reviews. CONTRACTING GOVERNMENT agrees to provide census data in off years using the same cut off date and delivery dates as used for the year of review. Actuary agrees to review the off` year census data and provide CONTRACTING GOVERNMENT with timely feedback regarding deficiencies in the data. J. Term. The term of this master agreement will be governed by the aCore referenced NCTCOG RFP and will expire on September 30, 2017, K. Complete Agreement. This letter combined with the specific engagement letter and as clarified by the RFP and Proposal set forth the entire agreement between the CONTRACTING GOVERNMENT and GRS. L. Indemnification. GRS covenants and agrees to indemnify and hold harmless and defend and does hereby indemnify. hold harmless, and defend CONTRACTING GOVERNMENT. its officers and employees, From and against any and all suits or claims for damages or injuries. including death_ to persons or property, whether real or asserted. arising out of' any negligent act or omission on the part of the contractor, its officers, agents, servants. employecs, or subcontractors, and the contractor does hereby assume all liability for injuries, claims or suits For damages to persons, property. or whatever kind of character, whether real or asserted, occurring during or arising out or the performance of this contract as a result of any negligent act or omission on the part of the contractor, its officers, agents. servants, employees, or subcontractors to the extent permitted by law. Please review this master agrecment letter and the attached schedules and indicate your acceptance by having_ an official of CONTRACTING GOVERNMENT siun below. M. Force Ma0eure. A force majeure event shall be defined to include -governmental decrees or restraints, acts of God (except that rain, wind, flood or other natural phenomena normally expected for the locality, shall not be construed as an act of God). work stoppages due to labor disputes or strikes, fires. explosions, epidemics, riots. war. rebellion, and sabotage. If a delay or railure of performance by either parry to this contract results from the occurrence of a force majeure event. the delay shall be excused and the time fixed for completion of the work extended by a period equivalent to the time lost because of the event. Gahriel Roeder Smith & Company Attachment A Pricing of Services — Calendar Year 2013* The price of the valuation is based on the following components: a) Number ol'participants: Participant Count Base Fee Less than 100 S4,500 100 -- 199 S4,500 200 — 499 S5,200 500 — 999 S5,500 1.000 — 2.499 S6,400 —Over 2.5,00 S7,000 b) Number of retirement plans: There is no additional charge if the employees participate in only one retirement plan. For each additional retirement plan. the valuation fee is increased by $1,600. c) Numher of health plans: There is no additional charge if the participants are covered under only one health plan. For each additional health plan. the valuation fee is increased by S1,000. d) Annual, biennial or triennial valuation: The valuation fee is increased by S1,200 for valuations which are intended to he used for two fiscal years and by S2,400 for valuations which are intended to be used for three fiscal years. e) Claims analvsis: The valuation fee is increased by S2,000 if claims experience is required. f) Pricing discount: Employers "ith very simple plans may be eligible for an S800 price reduction. The engagement agreement �N ill specify whether the pricing discount applies. Gabriel Roeder Smith & Company •:• Pricing assumes 20% paid upon acceptance by the government of the engagement. 50% upon reccipt of the draft report and 30% upon acceptance of the final report. ❖ Fees for additional services and optional services that are not determined as `basic' will be based on the following rates: GRS Position Title Flourly Rates Senior Consultant S395 Consultants $310 Senior Analysts $200 Actuarial Analvsts $170 Svstems Analvsts and Prod-rammers $230 Administrative Support Staff $125 *Prices will be adjusted annually beginning in January 2014 based on changes in the Consumer Price Index, All Urban Consumers, on a December over December basis. Current rates for your plan are reflected in the engagement agreement sent with this document. Gabriel Roeder I5mith St. Company Pricing of Services — Calendar Year 2014 The price of the valuation is based on the following components: o) Number of participants: Participant Count Base Fee Less than 100 S4,570 100 — 199 S4,570 200 — 499 ` S5,280 500 — 999 $5,585 1.000 — 2,499 S6,495 Over 2.500 S7,105 h) Number of retirement plans: There is no additional charge if the employees participate in only one retirement plan. For each additional retirement plan. the valuation fee is increased by S1,625. i) Number of health plans: There is no additional charge if the participants are covered under only one health plan. For each additional health plan, the valuation fee is increased by $1,015. j) Annual. biennial or triennial valuation: The valuation fee is increased by S1,220 for valuations which are intended to be used for two fiscal years and by S2,440 for valuations 4vhich are intended to be used for three fiscal years. k) Claims anal sis: The valuation fee is increased by S2,030 if claims experience is required. 1) Pricing, discount: Employers «ith very simple plans may be eligible for an S810 price reduction. The engagement agreement will specify whether the pricing discount applies. Note: Each valuation includes an additional NCTCOG administrative fee of $125. ❖ Pricing assurnes 20% paid upon acceptance by thegovernment of the engagement. 50% upon receipt of the draft report and 30% upon acceptance ot'the final report. Gabriel Roeder Smith & Company s Fees for additional services and optional services that are not determined as 'basic' «ill be based on the following rates: GRS Position Title Hourly Rates Senior Consultant $4 10 Consultants S330 Senior Analysts $205 Actuarial Analysts S175 Systems Analysts and Programmers S235 Administrative Support Staff $130 Gabriel Roeder Smith & Company Pricing of Services — Calendar Year 2015 The price of the valuation is based on the following components: a) Number of participants: Participant Count Base Fee Less than 100 S4,605 100 — 199 S4,605 200 — 499 S5,320 500 — 999 S5,630 1,000 — 2,499 S6,545 Over 2,500 S7,160 b) Number of retirement plans: There is no additional charge if the employees participate in only one retirement plan. For each additional retirement plan_ the valuation fee is increased by S1,640. c) Number of healthplans: There is no additional charge if the participants are covered under only one health plan. For each additional health plan. the valuation fee is increased by S1,025. d) Annual. biennial or triennial valuation: The valuation fee is increased by S1,230 for valuations which are intended to be used for two fiscal years and by $2,460 for valuations which are intended to be used for three fiscal years. Claims analysis: The valuation fee is increased by S2,045 if claims experience is required. h Pricin�x discount: Employers with very simple plans may be eligible for an S815 price reduction. The engagement agreement will specifv whether the pricing discount applies. Note: Each valuation includes an additional NCTCOG administrative fee of $125. Pricing assumes 20% paid upon acceptance by the government of the engagement. 50% upon receipt of the draft report and 30% upon acceptance of the Final report. Gabriel Roeder Smith & Company Pricing of Services — Calendar Year 2015 *:• Fees For additional services and optional services that are not determined as 'basic' will be based on the following rates: GRS Position Title Hourly Rates Senior Consultant $415 Consultants $325 Senior Analysts $305 Actuarial Analysts $175 Systems Analysts and Programmers $?35 Administrative Support Staff $130 Gabriel Roeder Smith & Company