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HomeMy Public PortalAboutC-20-147 - The Howard E. Nyhart Company, Inc., Actuarial Funding Valuation and GASB Accounting and Disclosure ReportsAGREEDIEKF FOR CONTRACIr SERVICES BE it VnMW TIRE C><l'Y OF CAS AhiND THE HOWARD E NWHART CD -WAN U4CORPaRAI<SD TIM AGREEWEW FOR CU Il 4Ci SERVICES Q=em '--A gmcm=-) is made 2,d erred inW this 17, day of fjDt"Mnb7a _21M by and bc� the C FY OF CARSON. a Ckhfoma rmm=m cugxx== (-C } aml THE FWWARJD E NYHA F COIF AN -Y 1t CORPORATM an 1 cnrpC3, ( -). Ciry ad CMMMILMt are i iilrBtly refer to as arty= - =d hesvfiwraa rot- rcknned ID as the NOW, THEREFORE, Tbc pasties berexo 2V P 1 as r1A]M? 5-- 1_ SERVICES OF CONSULTANT 1.1 Scope of enices In compliance with all of the lerms W d coaffilium oftbis Agremmin, the Cvnsuh=i ski perform the wurk or suvices set froth in the "Scpe of Smices7 wmwbcd hereto as Exhxbft 'A7 and mmrpur&cd hemp by refuencir- Coarltimi wmrmh that h has thre eagxrierhee ad ability to pafann all Burt and services required h=md= and that it shah diligently perform such v ork and services in a prod and dory 12 CumplimcE 16th Law. All work and services ref deed kcreunder shall be provided in ammb= with all ares* resvhdium� stabites, rules, and rgpLV oro of [he City mW any Federal, Stale or lc.l gavmmnee#al agcy of competent jmisdictioo. 13 Licenses- Permits_ Fees aac1,+ ss ri ts. Consultant shall obtain at its sole cost and experh.9e such licenses, permit!, and approvals as may be required by law for the perforrnahhce of the services required by the A IA Special Reguiremoft Additional terms and conditions of this Agreement, if any, which are matte a part hereof are set forth in the "Special Requiremeats" attached hereto as Exhibit "B" and incorporated herein by this ref=tce. In the event of a conflict between the provisions of Exhibit `~B' and any other provisions of this Agreement, the provisions of Exhhbit "B" shall govern. 2. COMPENSATION 21 Contract Sum. For the services rendered pursuant to this Agreement, Consultant shall be compensated in accordance with the "Schedule of Common" attached hereto as Exhibit "C" and incorporated herein by this reference, but not exceeding the maximurn amount mount of Twenty Four Thousand Nine Hundred Ninety -Nine Dollars ($24,999) ("Contract Sum"). 2.2 Invoices. Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City's Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail aom aaorra7sW.1 chaffs for all aM op=mcs by the hoar (by sti-r-- �)� trws M=U� 94T&�, Zd MkKIDF OMbadS SUbWC=KIXW dMWES sl a o be d=-kd by sgzh cacoxim Co 4 shzU me hrrcCky for dapE�= se pezfmna 1 by ma= thm aw pm=3- Gly sdarfl iKd<pmdemfy reeie coeb imviw by tic Cumuli= to d wheffi= the wuA pufmmied and aae in cou+ wi:ffi the PmDwisims of this Ate. Emcpt as to aw fnr we& p er CXP=zW5i by Com¢ five w are ¢ad by buy, Ciity �1 � its b� e � cause � m be w� famty (4357 days of r of C =s coorect aad =ffiWated kroke,- vrr,, C admvwWpis and a that dC W Gly WZr=U row PVM&MM the C-dy tit paymem w W oc= wnhm this tame perie d- In [be mrkat zoy chmLms or are di4ndd by thr w i6nW s]r shall be rewrnM by City to Com ah= for c=mt= and nimiam Resew ad paymcm by Me City of my ii nim pruyukd by the Cwt slrall om =m6mw a vidrwrr of any irgbrs or r p wvided bmin or any apphcable law_ 2.3 AAffM=W Serwr cs_ City shaD havr the right at my tome dmng the pcsformatxx ofthe s nrvices, widww hrmlidatmg this Agreemea4 to oma beyond ihai spedued III uc of Services or amke dmagcs by ahma& adding to or dcdoeung, fmm !Mid work- No such extra work may be ondcrtai en unless a w du= ons is f`r A gi v= by the C nuai OR"uxr to the Cvmulum4 ' - njF Watiag thme n aulr a&jusUmit in {i} the Com - t Sum for the actual comet of t)rc extra vont, mWor (rl) the ti= to pe:fa m this Agreema t whi& said ac IgUynamts are sulject to thr %►Taco appruval of the Coma at Any imomse in cmopatsation of up to ten pmvent (10%) of the Com -art Sum haat not exceec i a tWtai cmc# amount of Fire Thom Doilazs (S5,U0Q) or in the time to perform of up to nir r (90) days may be apps} -ed by the Contmci Officer_ Any greater ice, taken cither cly or o=ubuv dy, must be approved by the City Co=d/. No clam for an increase in the Contract Sun or time for performance shall be valid unless the procedures established in this Section are followed. 3. PERFORMANCE SCHEDULE 3.1 Time of Essence. Time is of the essence in the perfonmance of this 32 Schedule of Performance- Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time periods) established in the `Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this reference_ When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively. -33 Farre MThe time period(s) specified in the Schedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant shall within ten (I0) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the o i an_000IM75%a. i. -2- 1.�.. AXA JF M.q FA W.11 1 fE 6.. -$A IYYi*fpr.- a.17. -Z fMUD--= t -In, YS' 11" r�11•1'E :0' 1.r a.-1 it i II If B32.' LlY'r lL al✓ YC. 1LX1 4-*d42:r-['r IL YJ IY.w: ''sup l rl ;70 11:7411 Ir777+. HA w+ i fiw Ilrll-ITl P"t&'.X14111M II110 514 A -1II Is I.—w-, 1'!:'r. .-AV 2 .f:f ii .;4 a .i.AV..y li'!11 r ..:Y..i iIIi' Ili• — 1:_ Il 1 r l", 1';Ifs '■ 1 Iw-. irfl +79 ni - —,&- .1 lYw: ;4 t.til .tl: a+EI - �t-rl.:� 1 Jb ".w1#x+11 1 r.Y.• ✓_y4, '[1 t%—I MWI. TOIL, Y-1 3.4 Terim UnIM emfier tamtn±ed m Bavord2= uilb A 7 of din Ap=mcnL this Ap==Et shall ==daw in full fiim= and cffix2 cMI amWk6on of thc semens but mt. g cxw (I) year fEiom the date hm-mf, ex as od=-va-se pt ai ided in the Scbah& of Perfunn=ce (F -du --W " ' 4. COORDWATION OF WORK 4.1 ofC>awnsoft mL &u;g nana is heir d=pxffrd as bang the of Coosa tact mnhmimd to act on inks behaff -*iih n5paA to the wa& ami smi= specified. hmim amd wsati• all decisiom in cow thezrwirh All pessoo- of C r1 amd aahoriad agn7a shall be mer av =fiusivc directim of tlrc repmumutivae ofConmffhm CosROlt MI shall rain Only Crd p=su®el to perfOM services puasrmat to this Amt. Cmasdtzod ski make e-. my rrammmble effort to amorn the stability aid caatktdty of Comsiitaetrs star and subconnactom and shall kccp City informed of any chaa 42 Conwact C fll:icer_ Sbamn Landers City W ager, or such person as may be designaud by the City Manager is hercb,r dc4gnaled as berg the rep muntaiive tie city to act in its b dwlf with respect to the wank and servieess specified herein and to rnal~e all decisions in mon thamwith (-`Contract Ofhcrl). 43 proIrs-biEion Against SubcGnuwtinE_ or Assi Conwhard shall not contract with airy entity to perform in whole or in part the work or services required hereunder without the written appnyv l of the City. Neither this Agreemel nor any interest herein may be assigned or trmsferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assigntr= or nansfer shall be void. 4.4 went Consultant_ Neither the City nor any of its employees shall have any control over the man=, mode or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth Consultant shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role_ Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City. 5. INSURANCE AND INDEMNIFICATION 5-1 Insurance CoveWes. The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees and agents of City. 01007.0001/674W. t .3. (2) CQQ=O=iZI oc=rence liGOWI c r e A pmLrg of - Ve gnxwd 19 MrM wyifta. 003 a per OOzW==c hz5rs for hxw may'= h�=Y azd y 1, r The pd= --v tFkM=M shall be in am =mLxa nK km.- tl. Sl i0,0170iDD per ecc=== or if a 288relzr E=ir is usnd, tip aggrqgnc lig sbal] y to dfis C etBaczfim� Cr trae _deem] aggrrrz2c I INC t the OaaMrM= C (b) WCA&'s. . . A ley of s inwawr in as Will li AF cry Wiffi the of 1 of Calif. shams �* iz�c and provide far the � -My MST, cI m3 oar OC=FUfiuMJ OMMIirME tO ay aurkcr cmph)yed by or any F i r rid by the Cnn=ftw in the c= of cmaying a= tlne %voik or s mvi = cmAanphacd in this Agcm=aL (c) CA OWI 1 aartrrr aatl cmduncumml CA 0025.oarri�rale. A y of �c liity urhren on a per WaMC cc for bodily inky and pmoprt} in an mrnrrr t not less t% either n bofy injmy Icy limits of S1tii1 OW per perwn aW SAD,UDO per o 2W p Y limy Imxits of S150,000 per occunmace or ("u7 Mn -My of Slj=,OW Said pow shall include cuvcmgc for out non -owned, leased* fwd cars, mW aU o1ber milt. (d) Pmkoiggal Liability. Pruliooal liability insura= appropriate to the C tmdtmfs profession_ Taxis cav=zUr may be writ m on a cla cas mane' bad and must include cavcmW for eortrarwl haebi[hy- The proliess ural liability *nRarw= mquh-ed by this Agrecumut must be endorsed to be applicable to claims based upnr4 arising oua of or related to services perfurawd clCx dds Aunt. The insw2nce rarest be rumntanvA for at least 5 consecutive years following the completion of Consultant's 9ervwm or the terminafion of this Agreement. Ekwing this additional 5 -}mu period, Coosrtltaat shall annuralllr and upon request of the City submit written evidence of flus continuous coverages (e) Additional insurance. Policies of such other insurance, as may be required in the Special Requirements in Exhibit `W (f) Subcontractors. Consultant small include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requh=m s stated herein. 5.2 General Insurance Reouirements. All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officer's, employees or agents may apply in excess oC and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self insured retention- All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the 01007.owIWYX4 ] -4- i rarmy pErry hexxcv d=W ptior wrhmz bir =WW r€�� mcm sept mpmand 10D doe City. In the c%, -,=l zmy of s. -ii ra! of t ate C==Bak tX Consnh = dkm p= to t% dre, sabmk rne�K of in wE& t1his 5.1 m the! Cn=-1 Na wrk CW ffiii Agrvemml shel unlH the Cruet! h25 PrOVV-*�d thrt Cily WiffiCe r of irn=rd coam--mmeld f3m or s e%tk=Zirg do abu%g unurnrnce coveragm azl said Cerrifrrs of I mt bird mrkWm by the Ciry. City oeMnVU:s the 0& to , ecrtified c of end nXbF5EM= to A req it c 1M=an0-- paw at 01r tM3r— Any to uur * Wilh th- repM-W3g or o41Tr prEnjSjUM of the gnEcim irduffmgi OT VrUTZn1iCS -41all UA 2MMI CUVCE3r mix ED ON. The ed by this Agrom=M sbzB be safisbckii), onlyif -ted by axnpmies goalifred to do business m Califa nfia� raters ``A= or better in the mxa recent ei&iwa of Bis£ Rang Gude, Tine Key Ratmg Guide c r in thr Federal RcL�, and cE4 iftheg oar ofa CWqP9Y CW5 I'll or betaer, an suds reqs am waived by fire Chi's Risk ager or other gnat efd c Chy doe to mique cid. 33 lndeuntiFH=� To the fWl extent pe n fitted by Law, CeznWbot agrees to indemnify, defend and hold harmless die Cay, its offiresms, cnpMymes and Chwemnified Parries') azahW, and will bold and save tbrm mlbd each of them he mlcss and all 2c600s, eitherclad, a-atiye, arbitration or fxy cLfimLt, dwrms to perw ons or property, losses: carets: penalties, oWgaiiow, emn uminssio or liabilities v+hmher awl or tl eord (b== `clams or luNlibes") dljat may be asserted orciamned by gmy pc Frm or entity arising out of or in comecfion with the negligent peffmna= of the worm operations or acliviUrs provided berm of Consultant, its officers, employees, agents, sE Ur--WWt5, hWitces, or any irate al or entity for which Coasultant is kgally liable l iwrs�, or arising fmtn Consultant's or furs' reckless or willful miscrrnduL or aril knm Consultants or indemniturr5' negligent performance of or fidlu a to perform any teem, provision, covenant or condition of this Amt, except claims or liabilities omwTigg as a result of CiWs sole negligence or willful acts or omissions. The indemnity obligation shall be bk&ug on successors and assigns of Consultant and ill survive termination of this Agreement. 6. RECORDS„ REPORT'S, AND RELEASE OF INFORMATION 6.1 Records. Consultant sMI keep, and requim subcontractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the "books and records"), as shall be necessary to perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services and shall keep such records for a period of three years following completion of the services hereunder. The Contract Officer shall have full and free access to such books and records at all times during normal business hours of City, including the right to inspect, copy, audit and make records and transcripts from such records. 62 Resorts. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement or as the Contract Officer shall require. 63 Confidentiality and Release of Information 01o7.0aau67s M 1 -5- cllir'ry r' t eta :cy Jr LOW" "1': �,i[�. '-#�. -y 'ar� 1: r l.:a': 'al•+ ��. ra:lril'r7 :y at4! ire �� * rr�J I,gsprl t'4•r ss 7+ LIN-li*�r#W]�'r• '•il^r r•h �4.e;' a•= aiL� 1. is '-xy� IJ''1 .vlaars.q "!`al t:i f't 1 a a.a •s 1i t V'�. r'� lar 'r art 1.n �I lq.=N dki- iioL d.'. /I--CJ•1641111.1-32 11 1 Urns .r'. (b) Cxnsab=d sh3 l =%L unbuEt Imo` wvxu= audia�-m fr= do Copuza OffiSr or m3Jm rammed by the Crty fig, ilg psmidc dost k€tes of MFPML d s to - oa- nffier co==ringco==3ing the we& paformcd tad= tlz Awmn=aL R=Wavi= to asubm= or t oEdn shall not be wed ma y- pruvfikd Cousuhaza gm cs the Cityno: of num malff ori. (c) If C moha m prop+ idm zM mfonimum ow wa& pso&=t in man of this ASL then the City sbail have the dgM to P=&as==m and nzk n=ty from Cou3n1tani for my dmmapes, cns15 and fecs, irmhmfing . =ey;7s fem by or as a resul[ ofCorrylkzMrs coolh . (d) Cmsnit= smell prmnptly mt&v the City old Cnmltara be savad with any .smnmom on it not= of dcpmtum� request for davmumK iaterrWi ones, nipost for admissions or udwr dzcwmy nnuc al, mat wd= or from any party rWnflng this Amt ad lbr- uu& pffffimmed ffiffmWer_ The City WtaU3S the right, but has no orlon, to repmsew Consultant or be pmt at any deposition, bearing or similar KDccedirrg. Cunsrrltartt agrees to avF7ale folly with the City and to pro%ide tie City witb the o 1pplCkmity to review any response to dL%cwvrFy req€tiesrs p vrvided by Groat 6.4 Kh4merstup of D�oumaags- All studies} surveys, data, mates, computer files, reports, rete drawhi specifications, maps, designs, phot , documents and other materials (the `dDwments and materials") prepared by Consultant in the performance of this Agreement Mall be the property of the City and shall be delivered to the City upon requcsi of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for fitrtber employment or additional compensation as a result of the exercise by the City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder- Moreover, Consultant with respect to any documents and materials that may qualify as `;works ma& for him" as defined in 17 U.S.C_ § 101, such documents and materials are hereby deemed `works made for hire for the City. 7. ENFORCEMENT OF AGREEMENT AND "TERMINATION 7.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in the County of Los Angeles, State of California. 73 Disputes: Default. In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to 01M.o OU673- W t -& Cum o€tle dot zEd >E mm= Em- tlon d&mft 7 rx 1 i kidle- 6v dmE&E= is i Cthe def% lh�si5 _ dErlLw be Mwaw' if zSbMK7jM Wk.- Da±ig th-- Frwd of bine tb91 CaEnta1 iS im rI�-- C^i'ty s hu'M afl unvxrs z d tic is cmm€ , prmmd wig Mme= ca tle If Cawwlze= dries mt =r thr dem tk Cirf may t stela iD t%f-n this Arfirk- 7-3 LsMA Acts In ad&bm to =y adw r tighis w- r eta €may HOY sale= legal adiM is lase or in eq r, to cam, Csre<t our RMXdY awry dEfi=h, to rMMVT fim 2ay defer m dVcdfw pm&rm== of this A p== to declamny or f, or to obtain any od= remedy cmnish= with dw purposes of this Agri Nwwfthsimating my cuntrmy proven hcran= CoasW%ant shall file a suwumy daftn to Cmnvmmud Code Sectivm 905 et. seq. aad 910 et_ mq- in mdr to pwsm my legs achun mder thiis Agaement. Except with reser to rias and nmmdi y dedamd to be ex&� in t% Apoemeak the fights and des of the jp a thea are cunmkaivc and thr c=rise by c"rdidr party of one or mom of such rights or rumcdmm shall not Immlade the excrcisL- by it, at the scene or diff times of any other rids or remedies for the car defadt or am other default by the ocher ly. 7-4 Termination Prior to.QSEhajon of Term_ This Section shall govern any tomainafion of this Contract except as spedfically provided in the folluwkg Seg don for wnnirmrian for cap=_ ire City resoves the right to terminate this Comet at any tib witlu or u thom cmnc, upon thirty (30) days' wrimm notice to Cmsuhartt, cc+cept that wherc mon is due to the fault of the Consutrant, the period of notice may be such shorter time as may be determined by the Contract Officer. In addition, the Considt t rescnw the right to t=h3aw this Contrast at any time_ with or withoau cause, upon sixty (60) days' written notice to City, exccpt that where tETraination is due to the fanl[ of the City, the period ofnotice may be sucb shorter time as the Consultant may dete€mi Upon receipt of any notice of termination, Consultant mall unn edrately cease all serti� hereunder except such as may be specifically approved by the Contract Officer. Except where the Cmrsulumi has initiated termination, the Consltma shall be entitled to compensation for all services rendered prior to the efTective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder, but not exceeding the compensation provided therefore in the Schedule of Compensation Exhibit "Cr: In the event of termination without cause pursuant to this Section, the terminating party need not provide the non- terminating party with the opportunity to cure pursuant to Section 7.2. 7S Termination for Default of Consultant. If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to 01007_ONI/6739& 1 -7- 'In-- C fm tlL- pct of ser -Off M- p=-Eid FWYM= of thC a=77tr VWCd t5n Cay 35 in L-0 Em y �. �-1 r f%*f4 st I t atII CJ &I comnwft Agkig Dizs- Cmwhwl cmcE=l 2mmL by ama foe imdL its i rad all pew dahn�n n or thlumd] dam, that 9= sly be ria fi MhXj0iW or-ek=YP orgrUUP ofpM' .orn P. of aftem sem sexes a Baa] origin syr Cr UUMM pgoICI-rRyd des m1be Pei ofti&� A_em==E;L Consdwm shots zjim ED COS= that 2ppli=Mh aye r} -cd and brat emplcyrm aye ted dna =WhUmmt wdwui rid to thm i30-- colvr, CWML r dwmR , mel Mierrta irtt , maria! origir4 MMSUY, or udm=r psnxeckd c g? NgIk::W x of C OIC aid vexes. No old or -- Pl. _! a of the C4 shall be fly Balk to tlrc Cone uhmaL or airy mmumax in in the eves of azar def Eah or brpix by the City or for 233Y asnnmzta wMch may become due to the CdmO= or to its st=essur- or for breach of arty obligation of the tetras of oris AZm,,,.P n 83 ]'+tom. Any nufim dsm=4 raltds, dwm=a�, canes qTmYaL or camumniczdim mer party dcsires or is required to give to the Over p03iy or airy other pion shall be in %whing and eithm seared pers+areally or sent by prepotd, rtM-d s mail, in the rase of the City, to the City -%LMMq;Cr and to the attendion of the CoUIXMI Officer (With hetes am= and City titK City of Carson, 701 Fast Carson, Cm -w% C:alilornia W745 and in the case of the Coosuhant, to the petso(s) at the address dksigawed on the exp pn page of this Agre=m mi. EidLer party may OwLe its by notify the other r party of the chaff ofaddrzss in vwritin& Notice shall be deemed communicated at the time penally drJivered or in sevemy (72) hours from the three of mailing if =fled as provided in this Section_ 8.4 - Amendment. It is understood that there are no oral agreements between the prates hereto affecting this Agreement and this Agreement s cedes and cancels any and all prmous negotiations, arrangemeaM agreements and m e r � Rgs, ifan_v, beimmert the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any tune by the mutual consent of the parties by an instrunent in writing. 8.5 Severability. In the event that part of this Agreement shall be declared immlid or unenforceable by a valid judgment or decree of a court of competentjurisdiction, such invalidity or unenforceability shall not affect any of the rema;ning portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity deprives either pasty of the basic benefit of their bargain or renders this Agreement meaningless. 8_6 Waiver. No delay or omission in the exercise of any right or remedy by non - defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 01 OQ7.00Ot/679964. a 4- 8-7 ` FON- If cwt pnlr to this Agrn==mt is 1 or di -Find aemaEle any ID =P3 asp cm VmccoEig in any u;;y wtdk tib AFrmm�, t PtC%Zff=gPMnYMSMfi a or to to ary adwr rCfief w Zny be Vrhdhff hWj or i sk0 be euftded to re ZMMMWs fee& rtcth= or Mt the JUDEM& tom The t of tl& Ams sWB be cun5b� in =mxdkme wiEh the - of the used and shy am be cmMmcd. f w or against cW= p2Ay by ream of the dip of this Apremcmd or zmy Othm rule of caaMn ren 14-hiffi Migi aflcnwiur ZPFk- 89 Cas This Amt raay be cze rd in im cach of which siodl be did to be an ongmi, and such c=rLd=p;a1. shall 1= one and tlbe same inWu &10 Wwramty & Rem to on of Inn--allosim No offidal, of m- or employeeof City has any fimncial iMMVSL &red or hu t, in this Agrecmeat nor shall auy oI officer, err employee of City pie in any decision relates to tis Agreem=r wlricb MY affect lnsrhtr financia bAnrg or the fYaencial filwrml of mTy axp io% per, or association in wWch (s)he is dirwLbr or im irectly inunwed, or in vio3ativa of my caTem6ork- Pat U=shiF, or association in which (s)he is dfitWy or erectly fiAnm ted, or in violation of any State or wmicipa] statute or regu.LtCwm The determination of `fel iaterrst`' sball be curtnshmt with State lew and shall not inchrde interests focmd to be `emote" or ` no nin per mmi to Govermnent Code Sentiom 1091 or 1091 S. Conrsultam wwra s and represents that it has not paid or given and will not pay or give, to any third party includinga bun not limited to, any City offcK off=, or employee, any money, consideration. or other ddug of value as a result or couacqueore of obtanimg or being awarded any agre=cuL Cousudtmt f ffd= warrants and represents that (s)Wrt has not engaged in any act(s), omissions)- or other conduct or collusion that woutd result in the payment of any mmtcy, conation, or other thing of value to any third pasty including, bttt not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Consultant is aware of and understands that any such act(s), omissions) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect. Consultant's Authorized Initials Cowr- 8.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf ofsaid party, (Iii) by sQ executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound This Agreement shall be binding upon the heirs, executors. administrators, successors and assigns of the parties. [Signatures on the following page.] 01007-0{M116754GI. 1 -9- IN VaTNESS 0�-KMM 11--c ptirs hereto have ccccoad this Agremamc on tbe 4mc to r 45 1 A Dom« G-Audana, city Cie& APPROVED AS TO FORM: ALESHME & WYND£R. LLP Sur:tty K. SohmE Cid Attomey jRTL) CONSULTANT T# HOWAkD E NIMART COMPANY INCORPORATED, an WE= corporation By: Nom= Cler aM$eit Title: Vice-Presidtny Nyhart By. - Name. Julie Lang Tide- Controller Addre : 8413 Allison Pointc Blvd., Shite 300 Indknapolis, IN 461-30 Two canwaae d r1mr sicmtnrcs mgnimd wba Connsudtaol is a eurporatkKk wi& one sroutate required from tett *f tirc fBdbw•%R Rrvnps: 1) Chafrm a of the Board. Prsiarenr of any Vkv Pmsidcat: Brad 2) Secretary, arT Asshtamt Sccwy, Chief inameot Officer or auk• Amisual Trmsrrer. COMULT MS SIGNATURES SHALL BE DULY NOTARMED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE VAQ11T]RED BY THE BYLAWS, ARTICLESOF INCORPORATION, MOTHER RULES OR REGULATIONS APPLICABLE TOCONSU+LTANT3 BUSINESS EN-nTV. $IW7000' E -KA L r) O- l.a: �lr YINNi ii ai Ili rr ,'7Y �Y ri - aiY Ti_, .} in' - !la 't:}!i-ri 4•- ■a'aairn-w� Orr.. a aJa::alit .t111VH'-� a.I .m r�F • .iM ••If41 al' �tt'.:1 ar.'a rn�['+n. STATE OF MW AIWA r r 4l, i i * &GVI - FXTCs,1 On D 3,2M t - I s P, mc�, Lea©w Ver„ pater aj , I Caner &L Awl prvcd to ene an the bass of sm6sememvet- I ne to be d e pmw(s) vrhase uqi e )Wm d ft the vr-1- iastzrs = amd=bvw1ed$d m rrne t�rai hers riiiae2r auemsc�! dx same Irr th arIforiaed QpCZyCW5j and &a by bm%m&==,w=wgs) as ttae tfse pets *s) , arthe entity up= bch2Ifofwhkb the pets*s) acts ft ifflumnm I aerafy PE NUU-TY OF PEIUURY ander the hws of the Slaw of !rte Wa Ib is true aad carred. LEAmm Ia mm t;cmy die - Seal VAI I i�fFSS my had and official seal State of Ib�a ttsaradt tbru't'1 5 Fuy Espres oa 1, m21 &�'Cr OPTIONAL Thoma b The dot= below is not regaiW by law, it may prove rade to pashas reit as the dacmaeot and eadd peg fmmdmk= o;this farm CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(5) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAMCONSERVATOR ❑ OTHER_ SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTfiY(IES)) 01007.0001/67-W& 1 DESCRIPTM OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE IJi s�I�s L*+*1 x ��� ■ aI �tal�4il'��.'i A Wmiry pabr= or ad= cffi= ga t5s d9ila irs osier Cfte air tl�e a� waFtza t$e d==LaT to I�, E32=d)--r r4 STATE OF 20LAWA Cb 3„ MD b dim Mr, L— WUM3 '* appe=d 1 e L=— pm to Me GM the bmz of sat cu trcobe dPae mss) WhDse mss) Fare mbsx, to lige Rd amd c t+s mr d= WAMbry wed tie s=w m 'sem cqmciry(msj =J t1km bir Erma' deS mcv € s) cri the Bma=eIg d= perms), ow dr qty qxo b du f of u hkh dr S) alme, tl�ie kffr-� I O=ffjr Lmckr PE gAL_TY OF PMURY mer dr kaes of e 6 q t Fac s tsae aid LEANNE M LU�iT Notary Public - Sal � my bares md ] ypf Stale of frdgasa Hancock Gain lily Cammissicn ENP&m Bci 1.2021 0MOKAL TTmuh file darn below is cot sequiM by kw� it vsky prum eab*k to persals rebit; an fir docazmm asci could preveatfimmkiew nmiuckmms of d ds farm CAPACrTY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER p 01007.0001167596.1 DESCRIPTIOK OF ATTACHED DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE PARTNER(S) ❑ UMI IED ❑ GENERAL Q ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIANICONSERVATOR p OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR E TITY(IES)) 01007.0001167596.1 DESCRIPTIOK OF ATTACHED DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE EXEIHRT'�� 1. [`aQmhzw Ural pafrrn $be rammigg Ser+rk= 7 +5 r i,y sYc7 I. go - ,.} }:w 11171 iMj.Y+r 'w ZWOFE, 0,11 ilia -4-q �u7Y' �i1 # 1r;J .rasa yrs , }s.r ■i l :� ,i.a u_a ..,� -r: .iu s el vLK .+sg.e.i * w Bt GASB74 iT&H=26M filr beadils CdxT lam. � far fes] )mw egg June 30, 2020. C qAoymc= beu ada!:r th= ge +a for fiscal year en&ag Jame , ?Q?Q to Leh- l rre Cly and m ets as o Dair �r by do City. D. GASB 75 ac id: and &sdast= rest for pomj�v-uncxEt be wfts othff the peusum for fes! y= mxrzrq Inne 30, 2021 to reflect d smumi rhe change and assets as of Measu=numn Date on= selected by the City- l- Ammial valz=d= afld Fqaraim of a fimdiag report rig a vahuan d3IE as ofJune 30,20-72 iuctodfirkC data collection aad alis for full aerial v;dmiiarm F. GASB 74 disdosuue information for postempkTment benefits other than p � for fiscal year egg, June X 2 M G_ 75 Ming 2md. disclosure mpvrt for postemployatei bmefits other than pensions for fmal year ending June 30, 2022 to reflect dL-,cmmt raze chaaW and assets as of Measmenuml Date once selected by the City. 11. As part of the Services, Consaltant will prepare and deliver the following tangible worts product!; to the City: A. Updated AcumrW Funding Valuation Report for FYE 06202020. B. GASB 74 Disclosure Section for FYE 06/300-020. C GASB 75 Accounting & Disclosure Report for FYE 06/302020 once audited assets at the City's selected Measurement Date are provided_ D. GASB 75 Accounting & Disclosure Report for FYE 06/302021 once audited assets at the City's selected Measurement Date are provided, E. Updated Actuarial Funding Valuation Report for FYE 06/30/2022. F. GASB 74 Disclosure Section for FYE 06I30202-7 G. GASB 75 Accounting & Disclosure Report for FYE 06/302022 once audited assets at the City's selected Measurement Date are provided. 01oa7.00011673-W.1 A-1 wM LMV Ow .fes stLI atpn Em mmmv-by defin &C how Sftbo ft i-� i ����*� �x J . i. :� ■ .,.r �.rt-nrt. .r w.•r.�Y,'yr .w +. �.� ■a'ti■ �k'a.�..o.4rl.a� 7 i i .. *; j F .' I iV: An 11w produO is to mskw zod moncpftzwr 6y tip City, zmd mwW be by tLe CAmmadbW Wfth=l 2dkUdO=! W tO the Cify MAIR ss tcmd by V: C+mahatwffl wtffizr the irieM prssEmad to mommpr" the SmIP A- Sur4 Ub= or cm=p=abk mT& ccm= BL CMIW Mortffl "om4arihie rq*om)eM C— Bcmfn Assh!a sekTI by Comolml A-? EXEMUY"W L Std 51,'tiC,mmmrzY iawrntc a of dw Agrrrmml Is arl%d Ob rind in is cadrdv as fauums: 53 z kmzmxe R rets - All of the above polis of msuanee shall be pricey i s aid," wi& f r afF id &Lk63)r and wmtgnr's -!i ern sWU n2rm dr Choy, its dw =W appoinod ol%s, a and as and my iiz�� wed by City or its off Wi er& enlplo xes or apply in excess of, aW nor couvibac with Coosultam's The irm rTu is oto vrdw all rifts of spm and contn`bu m it rimy bavx again the City; its olFiras, employers Md ag�'e amd their eve mw=s wVIj curl to p7vfzm=d Mz dp lnt==sz Th�- hiEsmunce policy mrtt5t sprwify that where the Funary d does met sari the se f -irk retention, ay a&fifinnal h=md mo satisfy lire -Nff4asxuzd retention All of soid policies of insna= shall prirvide d i said ftnwm= may not be d or cancelled by the -UZRff or airy party leereto wuhzeut providing darty (30) days prior written nerve by certified mail ren= receipt req=sted to the City. in die event any of said policies of fimmme arc canoed, the Considuant shall, prior to the cmxxilation date, subalit =w evidence of iruzance in cmffw=== with this Section 5.1 to the Contract Officer. No wort- or services under this Aunt shall conmxeuce uitil the Consultant bras provided the City with Certificates of Insadditiond insLu-cd cndm-sexrr fomes or appropriate ummance binders evidencing the above insuranex coverages and said Certificates of insurance or bkders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsc,o¢eat Lo all required firm..mce policies at any three. Any failure to comply with the reporting or other provisions of tee policies including breaches or warranties shall not meet coverage provided to City. The insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California. rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VQ or better, unless such requirements are waived by the City -s Rich Marker or other designee of the City due to unique r 0I007 00011679XA l $- I E HIIBIT `�- U OF COMFENS1TI# L Commllbut sial per mu Ow fiM&whzg Serves st the fizmyEag rates: BATE TEME strf"W-DGEr A. Tank A Fined Fee B. TWk B Foced Fee C. Task C Fined Fee D. Task D Fd Fee E. Task E Faced Fee F Task F Feed Fee G. Task G Feud Fee MA S7-t9Q KIA slow NIA S2.70D MA 9'4 MA— S7.580 KfA _ slim MA S71700 IL A retention of ten percent (IU%) shall be held from each payment ss a contract retention to be paid as a part of the final payment upon satisfactory completion of services. NOT APPLICABLE HL Within the budgeted amounts for each Task, and with the approval of the Contract OlBcrr, funds may be shifted from one Task subbudget to another so long as the Contract Sam is not exceeded per Section 2.1, unless Additional Services are approved per Section 23_ IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice, in accordance with Section 2.L Each invoice is to include: A. Line items for all the work: performed. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed S 14,999, as provided in Section 2.1 of this Agreement. C-1 01007.00011673W_a EXHIMY "`ice SCHEDULE OF PERF ORMANNCY L Camsmft=f sly perfarm ag Snm=m m awDrd*mm wdh Ow f � sdikInb= F Task F Dams ID P *form De=M= Dge A. Task A 30 See 11 BHDW EL Task B .20 Spee H l ebw C. Tmk C 20 See D Ek iow D Task D N/A See 11 Eldow E. Task E 45 See 11 Below F Task F 20 See Q Below G. Task G 20 See 11 Maw IL Consultant shaM deRver the Wmvft tangible work products to the City by the following dates. A. Actuarial Fun&ng Val a tian for fiscal y= ending June 30, 2020, 30 days from receipt of Cal PERS Cm5us and Employee data as of June 30, 2019 (Ment Date) - B. GASB 74 Disclosure Sections for fiscal year ending June 30, 2020, 20 days from receipt of CalPERS Census and Employee data as ofJune 30, 2019 (Measurement Date). G GASB 75 Accounting and Disclosure Report for fiscal year ending June 30, 2020, 20 days from receipt of CAPERS Census and Employee data as of June 30, 2019 (Measurement Date). D. GASB 75 Accounting and Disclosure Report by October 31, 202I E. Actuarial Funding Valuation for fiscal year ending June 30, 2022, 45 days from receipt of CaIPERS Census and Employee data as of June 30, 2021 (Measurement Date) - F. GASB 74 Disclosure Sections for fiscal year ending June 30, 2022, 20 days from receipt of CalPERS Census and Employee data as of June 30, 2021 (Measurement Date). D-1 01007.000116759R 1 G GASB 75 =d D Rqmcl fm fid yc= != 211 dOys#`ra x MOCipt 43rC7WM CCMSM 2nd Eqpk2xL- ditm 2s u[J= 30, I (mk2Rm== 0234 IIL 'T%e C -Gu ! OfEteF E3ZY tease a Far pe fcwu=M L- Qi thr 5onrinm in Smfi= 32- D-2 A� �0 CERTIFICATE OF LIABILITY INSURANCE DATE /17/2JMMIDOIYYYYI 1zr17rzaz0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC 5080 Spectrum Dr ,Suite 900E CONTACT NAMES PHONE4fi9-232-2100 FA7f , o s AIC No Addison, TX 75001 E-MAIL ADDRESS: INSURENS) AFFORDING COVERAGE NAIC 0 INSURER A :Great Northern Insurance Company 20303 _ tNSURER B :Chubb National Insurance Company 10052 INSURED Ascensus Group, LLC tNSURER c :Federal Insurance Company 20281 200 Dryden Road Dresher, PA 19025 INSURER D :Chubb Indemnity Insurance Company 12777 INSURER E : INSURER F. X COVERAGES CERTIFICATE NUMBER:HSEN3DE5 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE DIOSUBIi; POLICY EFF POLICY EXP LTR POLICY NUMBER MMIODIYYYY MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 3952-18-14 05101r2020 05!0112021 EACH OCCURRENCE $ 2,009.000 CLAIMS -MADE Fx-� OCCUR PREMISES JEa ocamence $ 2,000.000 MED EXP (Any one person! S 10,000 X X PERSONAL 6 ADV INJURY S 1,000,000 GENERAL AGGREGATE $ 2,090,000 GEN'L AGGREGATE LIMIT APPLIES PER POLICY [:] !ECT E] LOC PRODUCTS -COMPIOP AGG $ INCLUDED I is OTHER, II A AUTOMOBILE LIABILITY I 7359.36-01 05/01/2020 05101!2021Ea accident SINGLE LIMIT5 1,000 0D0 BODILY INJURY (Per person) 5 )( ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X X BODILY INJURY (Per accident) S HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE S Pere.,, t S C X UMBRELLA LIAB OCCUR 7986-78-11 05/01/2020 05/012021 EACH OCCURRENCE 5 10,000 090 AGGREGATE S 10,000,000 EXCESS IJAB CLAIMS•MADE DED RETENTION 5 Ptod/Comp Ops Agg s INCLUDED B WORKERS COMPENSATIONY 1 N AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE OFRCERIMEMBER EXCLUDED? (Mandatory In NH) 9 yes, describe under DESCRIPTION OF OPERATIONS below N 1 A '7174-63-26 05/01/2020 M. AZ, CO, CT. FL. GA. ID, IL, INSTATUTE KS, KY, LA. MD, ME, MI MN, MO X MT NC, NE, NH, NM, NV, NY OIC. 'OR, PA, RI, SD, TN TX, UT. VA, VT, i ;WI Named Insured Limited Per the `Attached 05101/2021 X PER OTH- ER E.L. EACH ACCIDENT S 1,000 000 E.L. DISEASE - EA EMPLOYEE S 1,000 000 E L. DISEASE - POLICY LIM T S 1,000 000 0 Vvorkers' Compensation 7177-08-19 05!01!2020 05101/2021 Per Statute K, ALAZ, CA, DE, FL, ID IA MA E.L. Each Accident 5 1,000 000 X MS, Ni.JNY. PA, SC, WI E L. Disease - Ea Employe 5 1,000 000 Named Insured Limited Per the l E.L. Disease - Policy Limit $ 1,000 000 Attached $ DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more apsce N required) Named Insured includes The Howard E Nyhart Company, Inc; Location. 8415 Allison Point Blvd #300, Indianapolis, IN 46250-4201 The City of Carson Its elected and appointed officers employees, volunteers and agents are Included as Additiona' Insured as respects General Liability and Automobile Liability coverage as required by written contract. The above referenced policy(s) include a waiver of subrogation in favor of the certificate holder. as required by written contract. General Liability is Primary and Nan-Contriabutory City of Carson 701 E Carson Street Carson CA 90745 RL�- 12/22/2020 1.01-1i1,e1=1A W-1EILai e SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATTVE 1/I Page 1 of 3 (D1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD ACORN® AGENCY CUSTOMER iD: LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 3 PRODUCER MCGRIFF. SEIBELS & WILLIAMS OF TEXAS, INC. INSURED Ascensus Group, LLC POLICY NUMBER CARRIER 77CDDE ISSUE DATE: 12117+2020 Ruul I lulvri� 1[�mrvcna THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: Named Insured: Ascensus, LLC dba Total Benefit Communications Ascensus Holdings, Inc. AgGen Ascensus, Inc. AgGen Island Intermediate Holdings III, Inc. AgGen Island Holdings, Inc. AgGen Island Intermediate Holdings I, Inc. AgGen Island Intermediate Holdings II, Inc. Ascensus Group, LLC Ascensus Trust Company Benefit Projects Insurance Services, LLC ExpertPlan, LLC. Ascensus Financial Services, LLC Ascensus Investment Advisors, LLC Ascensus Broker Dealer Services, LLC. Ascensus College Savings Recordkeeping Services, LLC. Kravitz, LLC (alternate name: Kravitz Operations, LLC) fka KI, LLC Retirement Plan Administrative Services, Ltd. Benefits of Missouri, Inc. Retirement Strategies, Inc. Dedicated Defined Benefits Services, LLC Polycomp Administrative Services, Inc. Polycomp Trust Company Provident Trust Group, LLC Qualified Plans, LLC Pivot Acquisition Sub, Inc. Chard Snyder & Associates Inc. Chard Snyder LLC Chard, Snyder & Associates, LLC Avintus, LLC Asperia, Inc. ESOP Economics, Inc. Pension Works, Inc. Pensys Fiduciary Services, Inc. QBI, LLC QBI Payroll, LLC Fiduciary Administration, LLC Stonnington Group, LLC Benefit Planning Consultants, Inc. BPCI and BPCD, LLC BPCI Pension Plan Benefit Planning Consultants Development, LLC Swerdlin & Company Swerdin Benefits Company, LLC Swerdlin Northeast, LLC Actuarial Services, Inc Intac Actuarial Services, Inc. BHM Enterprises LLC Intac Actuarial Services of NY Inc. Max Rosenberg & Harry Rosenberg TA BHM Enterprises Steiker, Greenapple & Croscut, PC SES Advisors, Inc Continental Benefits Group, Inc 401k Plus, Inc Retirement Asset Advisory, Inc Pensys, Inc Wrangle Holdings, LLC Wrangle, LLC, A Nevada Limited Liability Company United Retirement Plan Consultants, Inc. Alan N. Kanter & Associates The Pensiongroup Inc. Southeastern Pension Services, Inc. [ ... truncated) ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE NUMBER HSEN3DE5 AGENCY CUSTOMER ID: LOC #: Ac RV ADDITIONAL REMARKS SCHEDULE Page 3 of 3 PRODUCER MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC INSURED Ascensus Group LLC POLICY NUMBER CARRIER NAIC CODE ISSUE DATE: 12/171'2020 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: (continued from previous pages Benefits Management Inc. Pentec, Inc. Pension Technical Services Inc. Alaska Pension Services Ltd. National Associates, Inc. N.W. Veba Administrators, Inc. United Retirement, Inc. Pension Technical Services Inc. dba Reptech Corp. Benefits Dynamic, Inc. Complete Investment Management, Inc., of Philadelphia National Actuarial Pension Services, Inc. California Investment Annuity Sales, Inc. OGC Ventures, Inc. Stephen H. Rosen & Associates, Inc. Valley Forge Consulting Corp. Magis Financial Partners, Inc. VF Investment Services Corp. MGA Consultants, Inc. V.F. Associates Inc. Circle Pension, Inc. Lamoriello & Co., Inc. Pension Strategies LLC PRF, Inc. Pension Strategies, Texas HR Simplified, Inc. Beneco Trust Company LLC GoldLeaf Partners Services Inc, its Subsidiaries & Affiliates GoldLeaf Partners Employer Services LLC GoldLeaf Partners Fiduciary Services LLC GoldLeaf Partners HR Payroll LLC GolfLeaf Partners Retirement Services LLC GoldLeaf Partners Actuarial Services LLC The Howard E. Nyhart Company dba The Nyhart Company, Inc. dba The Nyhart Company dba Nyhart dba ABG Indiana dba ASG of Indiana dba Alliance Benefit Group of Indiana dba Alliance Benefit Group dba DJM Benefits Sheridan & Associates 401 Solutions 101(2008!01) Q 2008 ACORD reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE NUMBER HSEN3DE5