HomeMy WebLinkAbout027625 RES - 03/25/2008RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN
INTERLOCAL AGREEMENT WITH THE NORTH CENTRAL TEXAS
COUNCIL OF GOVERNMENTS FOR COOPERATIVE PURCHASING
FOR TEXAS MUNICIPAL RETIREMENT SYSTEM ACTUARIAL
SHARED SERVICES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS'
SECTION 1. The City Manager, or designee, is authorized to execute an
Interlocal Agreement with the North Central Texas Council of Governments for
Cooperative Purchasing for Texas Municipal Retirement System Actuarial
Shared Services. A copy of the agreement is attached.
SECTION 2. This Resolution shall take effect and be in full force immediately after its
adoption by the City Council.
ATTEST:
Armando Chapa
City Secretary Mayor
THE CI OF CORPUS CHRISTI
A`GIALs./ 411
H- Garre
APPROVED: March 11, 2008
Lisa Aguilar
Assistant City Attorney
For City Attorney
027625
H:ILEG-DIRILisa12008 Resolutions\NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS.doc
Corpus Christi, Texas
5th of 1110Vudl , 2008
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel)
Bill Kelly
Priscilla Leal
John E. Marez
Nelda Martinez
Michael McCutchon
Av-
A
401-
INTERLOCAL AGREEMENT
FOR
COOPERATIVE PURCHASING
FOR
TMRS ACTUARIAL SHARED SERVICES
THIS 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," having its principal place of business at 616 Six
Flags Drive, Arlington, Texas 76011, and the City of Corpus Christi, Texas, a local government, created and
operated to provide one or more governmental functions and services, hereinafter referred to as "Participant," having
its principal place of business at 1201 Leopard Street, Corpus Christi, Texas 78401.
WITNESSETH
WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating
under Chapter 391, Texas Local Government Code; and
WHEREAS, NCTCOG has performed a procurement process for TMRS Actuarial Services for local municipalities;
and each entity will contract directly for actuarial services with Gabriel Roeder Smith & Company (GRS); and
WHEREAS, NCTCOG's Executive Board approved a resolution authorizing the interlocal agreements for
procurement of GRS actuarial services at its February 28, 2008 meeting;
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
performs procurement with eligible entities under the Act; and
WHEREAS, Participant has represented that it is an eligible entity under the Act, that by Administrative Action has
authorized this Agreement on March 11, 2008, and that it desires to participate in a cooperative purchasing effort
based on the terms set forth below; and
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 its a local government, as defined in the Act, and (2) it possesses adequate legal authority to enter into this
Contract.
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. The
Agreement will be between Gabriel Roeder Smith & Company (GRS) and the contracting entity for services
performed. By execution of this Agreement, Participant (the City) may procure actuarial services regarding Texas
Municipal Retirement System from GRS at the fees listed on the attached Exhibit from the GRS Master Agreement.
ARTICLE 4: BILLINGS
Billings will be generated for the Actuarial Shared Services through GRS, which will include a one-time
Administrative Fee of ($100) to be paid to NCTCOG. NCTCOG and the Participant agrees that each will pay for all
expenses associated with this Agreement for which it is responsible from then current revenues available to each
Interlocal Agreement - 3/11/2008
entity.
ARTICLE 5: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by both parties, except that any
alternations, 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.
THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS
FOLLOWS:
*Denotes required fields
NOTE: Facsimile copies of this document will not be acceptable as ORIGINALS.
* City of Corpus Christi, Texas
1201 Leopard Street
Corpus Christi, Texas 78441
North Central Texas Council of Governments
616 Six Flags Drive, Arlington, Texas 76011
*By. *By.
Signature of Authorized Official Signature of Authorized Official
* George K. Noe
*
Typed Name of Authorized Official
* City Manager *
Date
Typed Title of Authorized Official Date
Interlocal Agreement - 3/11/2008
Exhibit:
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
(name of government)
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
January 11, 2008 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 tax. 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.
D. Fees. GRS agrees to follow the attached pricing schedule ("Attachment A") for
pricing of its services.
I. 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 fee schedule.
J. 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 progress work unless
specific stopping points are provided in the letter.
Interlocal Agreement - 3/11/2008
K. 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 laws of the State of Texas and the contracting jurisdiction.
L. 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.
N. Term. The term of this master agreement will be governed by the afore referenced
NCTCOG RFP and will expire on February 28, 2009.
0. 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.
P. Indemnification. GRS covenants and agrees to indemnify and hold harmless and
defend and does hereby indemnify, hold harmless, and defend NCTCOG and
CONTRACTING GOVERNMENTS, 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, employees, 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 of the performance of a
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 agreement letter and the attached schedules and
indicate your acceptance by having an official of CONTRACTING
GOVERNMENT sign below.
Q.
Force Maieure. 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 failure of performance by either
party 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.
R. 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.
Interlocal Agreement - 3/11/2008
S. Administrative Fee. GRS will assess as part of its first billing to each client
covered by this agreement a one time Administrative Fee of $100. This fee will
compensate NCTCOG for the costs of administering this agreement and is due
within a month of collection by GRS.
Attachment A
Pricing of Services
a►etuana! tirm agrees to assess and collect on behalf of NCTCOG a $100 administrative fee to offset the costs
associated with this RFP.
Pricing assumes 20% paid upon acceptance by the government of the engagement, 50% upon receipt of the
matching audit report and 30% upon acceptance of the final report.
* Base Services:
The Base Service Fee above includes the exhibit of the sensitivity analysis for all possible changes in the current
TMRS structure on an individual basis; we propose to have this count as three (3) studies. Next, we will certify up
to two (2) impact statements under the base structure, making a total of five (5).
The Base Service Fee includes two (2) meetings as described in the RFP. In addition, the Base Service Fee includes
participation in the web portal with unlimited use. Up to two (2) hours of technical assistance will be provided over
the telephone at no cost to
Interlocal Agreement - 3/11/2008
Governments by Total
Participants (Active, Retired,
Terminated).
Base Services including
base, valuation) full
sensitivity analysis, op to
certifications and
reconciliation to T1v1RS*
Cost Per Additional
Option**
Hourly Rate for Additional
Services by consultant level
IA
Less than 50
$5,000
$1,500/$1,000/$500
***See Below
1B
Between 50 and 100
$7,000
$1,500/$1,000/$500
***See Below
2
Between 101 and 250
$10,000
$1,500/$1,000/$500
***See Below
3
Between 251 and 500
$11,000
$1,500/$1,000/$500
***See Below
4
Between 501 and 1000
$12,000
$1,500/$1,000/$500
***See Below
5
Between 1001 and 2000
$13,000
$1,500/$1,000/$500
***See Below
6
Between 2001 and 4000
$15,000
$1,500/$1,000/$500
***See Below
7
Between 4001 and 6000
$15,000
$1,500/$1,000/$500
***See Below
8
Between 6001 and 8000
$17,500
$1,500/$1,000/$500
***See Below
9
Between 8001 and 10,000
$17,500
$1,500/$1,000/$500
***See Below
10
Over 10,000
$17,500
$1,500/$1,000/$500
***See Below
a►etuana! tirm agrees to assess and collect on behalf of NCTCOG a $100 administrative fee to offset the costs
associated with this RFP.
Pricing assumes 20% paid upon acceptance by the government of the engagement, 50% upon receipt of the
matching audit report and 30% upon acceptance of the final report.
* Base Services:
The Base Service Fee above includes the exhibit of the sensitivity analysis for all possible changes in the current
TMRS structure on an individual basis; we propose to have this count as three (3) studies. Next, we will certify up
to two (2) impact statements under the base structure, making a total of five (5).
The Base Service Fee includes two (2) meetings as described in the RFP. In addition, the Base Service Fee includes
participation in the web portal with unlimited use. Up to two (2) hours of technical assistance will be provided over
the telephone at no cost to
Interlocal Agreement - 3/11/2008
participating members. As previously discussed and proposed, webcasts will be used for
training purposes.
For entities with 100 participants or less, the price still includes two (2) meetings with the
entity but the quoted price is for telephone conference meetings only. The entities can
still request in-person meeting(s), but these meetings will be billed separately as
"additional meetings" as provided for in our Proposal. For project budgeting purposes,
the proposed fee schedule for cities with more than 100 participants assumes two (2) in-
person meetings. At the cities' option, these meetings can be conducted as
teleconferences, but this will not change our pricing schedule.
** The following menu describes the cost per additional option:
• Provision currently available under TMRS, but:
Entity did not evaluate before hand: $1,000, includes certification
Entity did evaluate and only needs certification: $500
Entity runs impact statement in portal, no certification: $0 and unlimited
• Standard provision but not currently available under TMRS, including impact
statement and projection: $1,500.
• Non-standard provisions will be billed either based on the time charges or based
on a fixed fee determined before the beginning of the study.
* * * Our hourly rates are based on job description. The hourly rates for this project are
shown below:
Class of Personnel*
Senior Consultant
Consultants
Senior Analysts
Actuarial Analysts
Systems Analysts and Programmers
Administrative Support Staff
Hourly Rates
$350
$275
$200
$150
$200
$110
Travel charges: For the 2 meetings that are included in the Base Service Fee, GRS will
invoice reasonable out of pocket expenses for meetings outside of the 100 mile radius
described in the RFP. For additional meetings, no matter the Iocation, GRS will invoice
reasonable out of pocket expenses, plus 50% of the stated rates above for time while
traveling.
Interlocal Agreement - 3/11/2008