Cities Index.
1. Agreement

Anaheim City Council
August 29, 2023

Document
1. Agreement
Meeting
August 29, 2023
Body
Anaheim City Council
Original file
1.0 MB
Text extracted from the city's file for reading and search. Open the original on local.anaheim.net. That file is the official record.

EXHIBIT A

ONGOING CONSULTING SERVICES SCOPE OF WORK

Serve as a fiduciary for the Plans

Committee Member and Plan Administrator consultation
> Create meeting agendas and follow up with action item letters. > Create or review meeting minutes.
> Meet and work with plan provider(s)
> Facilitate productive working relationships between all parties. > Represent the Plan’s and participants’ interests to ensure the highest level of services, information.
and contract adherence
> Maintain partnership so objectives are met.

Development and/or review of Investment Policy Statement > Establish a Statement of Purpose
> Develop a Statement of Responsibility
> Determine investment goals and objectives.
> Create investment guidelines.
> Set investment performance review and evaluation criteria. > Provide ongoing review of document.

Quarterly comprehensive investment performance reports
> Illustrate and communicate big picture thematic, economic and specific asset class trends. > Present fund performance against its relative asset class benchmark > Create asset allocation charts.
> Provide investment manager attribution reports and due diligence notes. > Provide in-person presentation of performance reports at client location.

Quarterly report on participant investment activity, Plan fees and the Plan environment > Present participant cash flow and investment utilization data > Calculate and present vendor and investment mgr. fee information, benchmarking where appropriate.
> Identify and discuss relevant trends in Plan legislative, regulatory and judicial environment. > Analyze and present information on new investment products and Plan services. > Review participant communications as necessary

Ongoing due diligence for each investment option in the Plan > Produce attributions on each fund manager.
> Evaluate attributions according to sector returns and weights, capitalization breakdown, asset class and style benchmarks.
> Compare portfolio statistics to the asset class benchmark. > Conduct on-site manager evaluations, as necessary.

Comprehensive investment manager searches, as needed.
> Select appropriate manager screening criteria.
> Initiate data collection and review
> Provide comprehensive risk and return analysis.
> Identify suitable finalist candidates.
> Present results to Committee and offer recommendation.

Ongoing plans compliance review and assistance
> Provide updates related to legal and regulatory changes effecting the plans. > Review plan documents and agreements and provide commentary as required. > Facilitate discussions, analyze, and advise on cyber security best practices. > Provide assistance to ensure plans operates in compliance with state and regulatory requirements.
> Provide fiduciary training for Committee members as appropriate. > Assist with creation or review of Committee Charter

FEE SCHEDULE:

CONSULTANT shall present ANAHEIM’s Human Resources Director with a billing invoice detailing the work performed, the rates or charges applicable to such work, and any approved reimbursable expenses incurred. The payment schedule is as follows:

A. Consulting Services
Term Annual Fee Quarterly Payment
November 1, 2023 – October
31, 2026
$59,592

457(b) Plan: $47,000
401(a) Plan: $700
PTS Plan: $1,300
RHS Plan #800217: $1,177
RHS Plan #801405: $1,177
RHS Plan #800256: $1,177
RHS Plan #800257: $1,177
RHS Plan #800152: $1,177
RHS Plan #800153: $1,177
RHS Plan #800219: $1,177
RHS Plan #800307: $1,177
RHS Plan #800317: $1,176
$14,898

457(b) Plan: $11,750
401(a) Plan: $175
PTS Plan: $325
RHS Plan #800217: $294.25
RHS Plan #801405: $294.25
RHS Plan #800256: $294.25
RHS Plan #800257: $294.25
RHS Plan #800152: $294.25
RHS Plan #800153: $294.25
RHS Plan #800219: $294.25
RHS Plan #800307: $294.25
RHS Plan #800317: $294.00

B. Request for Proposal Services – The payment schedule is as follows:

Scope of Services
Fee (Invoice to be sent at conclusion
of each milestone)
RFP Preparation, Release and Analysis

$10,000
Implementation/Project Completion

$10,000
Total $20,000

Payment shall be made to CONSULTANT for services satisfactorily performed within thirty (30) days of receipt by ANAHEIM of such invoices.

ADDITIONAL TERMS:

Fiduciary Responsibility. Consultant acknowledges and agrees that in providing services described in the Scope of Work, it is acting as an investment advisor fiduciary as defined in ERISA § 3(21) in rendering investment advice to the Client based on the particular needs of the Client as stated herein.

Proxy V oting. Consultant does not exercise proxy voting authority over client securities or take any action relating such securities, which become the subject of any legal proceedings including class action lawsuits and bankruptcies.

The obligation to vote client proxies at all times rests with Client. However, Client is not precluded from contacting Consultant for advice or information about a particular proxy vote. However, Consultant will not be deemed to have proxy voting authority as a result of providing such advice to Client.

Should Consultant inadvertently receive proxy information for a security held in the Plan’s account, Consultant will immediately forward such information to Client, but will not take any further action with respect to the voting of such proxy. Upon termination of this Agreement, Consultant will make a good faith and reasonable attempt to forward proxy information inadvertently received by Consultant on Client’s behalf to the forwarding address provided by Client.

Risk. Client recognizes that there may be loss or depreciation of the value of any investment due to the fluctuation of market values. Client represents that no party to this Agreement has made any guarantee, either oral or written, that the Plan’s investment objectives will be achieved. Consultant will not be liable for any error in judgment and/or for any investment losses in the absence of malfeasance, negligence or violation of applicable law. Nothing in this Agreement will constitute a waiver or limitation of any rights which Client may have under applicable state or federal law, including without limitation state and federal securities laws.

Acknowledgement of Receipt of Part 2 Form ADV . Client acknowledges that it has received and has had an opportunity to read Consultant's firm brochure (Form ADV , Part 2A) and applicable brochure supplements (Form ADV , Part 2B) prior to, or at the time of, entering into this Agreement.

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