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Staff Report with attachment PREPARED BY: Gitta Ungvari Finance Director Reviewed by: Town Manager, Assistant Town Manager, and Town Attorney 110 E. Main Street Los Gatos, CA 95030 ● 406-354-6832 www.losgatosca.gov TOWN OF LOS GATOS COUNCIL AGENDA REPORT MEETING DATE: 12/20/2022 ITEM NO: 10 DATE: December 9, 2022 TO: Mayor and Town Council FROM: Laurel Prevetti, Town Manager SUBJECT: Authorize the Town Manager to Execute an Assignment of Agreement with Bartel Associates, LLC to Assign the Agreement to Foster and Foster Consulting Actuaries, Inc. RECOMMENDATION: Authorize the Town Manager to execute an Assignment of Agreement with Bartel Associates, LLC to assign the agreement to Foster and Foster Consulting Actuaries, Inc. BACKGROUND: In October 2021, the Town of Los Gatos sent a Request for Proposals (RFP) for actuarial consulting services to sixteen qualified firms known to provide actuarial services. The opportunity was also promoted on the Town’s website, What’s New, and other social media platforms. Three firms responded with proposals: Actuarial Retirement Consulting, Precision Actuarial Inc., and Bartel Associates, LLC. A selection panel consisting of the Finance Commission Chair, the Finance Director, Assistant Town Manager, Finance and Budget Manager, and Finance Administrative Analyst reviewed and scored the three proposals. The firms were evaluated based on their technical expertise, qualified personnel, and responsiveness to the RFP. Based upon the firm’s technical expertise, proposal, interview, and references, the panel selected Bartel Associates, LLC. This selection was approved by Town Council at its January 18, 2022 meeting. DISCUSSION: Staff has been informed that Bartel Associates, LLC has been acquired by Foster and Foster Consulting Actuaries, Inc. Per the Town Attorney, the Town must now assign the agreement to Foster and Foster through the recommended Assignment of Agreement and subsequent Town Council approval. PAGE 2 OF 3 SUBJECT: Authorize a Assignment of Agreement with Bartel Associates, LLC to Assign the Agreement to Foster and Foster Consulting Actuaries, Inc. DATE: December 9, 2022 CONCLUSION: Authorize the Town Manager to execute an Assignment of Agreement with Bartel Associates, LLC to assign the agreement to Foster and Foster Consulting Actuaries, Inc. FISCAL IMPACT: There is no fiscal impact to the Town. ENVIRONMENTAL ASSESSMENT: This is not a project defined under CEQA, and no further action is required. Attachment: 1. First Amendment to Bartel Associates, LLC Agreement ASSIGNMENT OF AGREEMENT This ASSIGNMENT OF AGREEMENT is dated for identification this 20th day of December 2022 and assigns that certain agreement for professional actuarial services dated January 31, 2022, made by and between the Town of Los Gatos, ("Town,") , Bartel Associates, LLC.(“Consultant.”) to Foster and Foster Consulting Actuaries, Inc. (“Foster”). RECITALS A. Town and Consultant entered into an actuarial services Agreement on January 31, 2022, (“Agreement”), a copy of which is attached hereto and incorporated by reference as Exhibit A. B. Because Bartel Associates, LLC, was acquired by Foster and Foster Consulting Actuaries, Inc., the parties now wish to assign the Agreement to Foster. ASSIGNMENT 1. The parties agree that the Agreement is assigned to Foster. 2. All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this Assignment Agreement. Town of Los Gatos: Foster: By: By:____________________________ Laurel Prevetti, Town Manager CEO or VP By:____________________________ One additional corporate officer Bartel: By:____________________________ Member for Manager-Managed LLC ATTACHMENT 1 Department Approval: Gitta Ungvari Finance Director Approved as to Form: Attest: Gabrielle Whelan, Town Attorney Wendy Wood, CMC, Town Clerk 1 of