HomeMy WebLinkAboutC-2178AGREEMENT
for
ADMINISTRATIVE, RISK MANAGEMENT, AND FINANCIAL SERVICES
This Agreement is made and entered into this 12th day of April of the year 2002 by and between
the Independent Cities Risk Management Authority, a California Joint Powers Authority,
hereinafter referred to as ICRMA, and Bickmore Risk Services, a California Corporation,
hereinafter referred to as BRS.
SCOPE OF AGREEMENT
ICRMA enters into this Agreement with BRS for the purpose of having BRS conduct the
day -to -day management, operation, general administration, and financial affairs of ICRMA
and its programs of insurance, self- insurance, and risk management, and to provide
oversight of any other contracted operations of ICRMA.
INTENT OF THIS AGREEMENT
It is the intent of the parties to provide, at all times, all necessary services which have been
requested by ICRMA; however, the scope of this Agreement is to provide for those
requirements which are known to the parties at the time this Agreement was prepared, and
as delineated in that request for proposal issued by ICRMA on October 15, 2001, and
supplemented November 1, 2001, and that proposal issued by BRS in January 2002, each
of which are incorporated herein by reference as though fully set forth. The recitals of
duties and responsibilities are not necessarily all inclusive; however, the Board of Directors
of ICRMA, hereinafter referred to as the Board, reserves unto itself the authority to
authorize any services which are not specifically set forth in this Agreement.
III. AUTHORITY OF BRS
BRS shall have the authority to conduct the day -to -day operations and services of ICRMA
carrying out the programs authorized by the Board and shall report directly to the Board;
however, for matters requiring guidance which arise in the conduct of day -to -day business,
BRS may contact the President of ICRMA who is authorized to speak for and represent the
Board in these matters.
IV. APPOINTMENT AS AGENT OF ICRMA
BRS shall be appointed as the principal agent for ICRMA. ICRMA shall notify all other
agencies, member agencies, and firms doing business with ICRMA of such appointment
and that BRS is authorized to conduct ICRMA business and provide general supervision of
all ICRMA programs.
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V. APPOINTMENT OF BRS STAFF AS OFFICERS
Pursuant to the authority conferred by the Joint Exercise of Powers Law (Government
Code Section 6500 et seq.), the Joint Exercise of Powers Agreement for Insurance and
Risk Management Purposes for ICRMA, and the Bylaws of ICRMA, ICRMA shall appoint
Greg Trout as ICRMA's Chief Administrative Officer, John Chaquica as ICRMA's
General /Finance Manager and Rob Kramer as ICRMA's Assistant General /Risk Manager
or such other members of BRS's staff acceptable to the Board of ICRMA in the event that
these individuals are no longer available, or able, to carry out these duties. Such other
members of BRS's staff may be appointed as officers under ICRMA's Bylaws as may be
deemed appropriate by ICRMA's Board. BRS and all of its employees shall act for and on
behalf of ICRMA in accordance with the Joint Exercise of Powers Law and the Joint
Exercise of Powers Agreement for Insurance and Risk Management Purposes, the Bylaws,
applicable master program documents, applicable memoranda of coverage, resolutions,
and the policies of ICRMA (hereinafter collectively "Governing Documents ").
VI. DUTIES OF BRS
The duties of BRS shall be as follows:
A. General Services:
Maintain a business office in one of the five following California counties:
Orange, Los Angeles, Ventura, San Bernadino, or Riverside, in a location of
its choosing and pay all costs incidental to the occupancy and maintenance
of the office;
2. retain sufficient personnel to conduct the business affairs of ICRMA,
including on -site professional staff a minimum of ten to fifteen full time
equivalent working days each month. Such on -site staff shall be either at the
business office, the location of one or more members, or a combination
thereof. Personnel retained by BRS shall not be considered employees of
ICRMA;
3. perform all services under this Agreement pursuant to and in accordance
with the Governing Documents and all applicable laws and regulations of the
State of California and the United States of America;
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4. be truthful with ICRMA, cooperate with ICRMA Board and committees, and
keep ICRMA informed of any developments unknown to ICRMA which could
impact the operations of ICRMA;
5. ensure that the members of BRS's staff, who are necessary for the efficient
conduct of business, attend Board and all necessary committee meetings;
6. negotiate fees and other agreements on behalf of ICRMA to minimize costs
and obtain the best coverage and services;
7. maintain liaison between member agencies and ICRMA to keep member
agencies fully informed on the current status of the affairs of ICRMA;
maintain contacts with public agency risk managers and the insurance
industry by participating in the following professional associations: the Public
Agency Risk Managers Association ( PARMA), the California Association of
Joint Powers Authorities (CAJPA), the Public Risk Management Association
(PRIMA), and the Association of Government Risk Pools (AGRIP);
9. prepare all reports, forms, records, and other documents under this
Agreement in a form and content acceptable to ICRMA's Board; and
10. devote such time and facilities as are necessary to carry out these duties and
those delineated in the request for proposal issued October 15, 2001 by
ICRMA and that proposal issued by BRS in January 2002, each of which is
hereby incorporated by reference herein as though fully set forth.
The following sections list for convenience many, but not necessarily all, of the duties to be
carried out.
B. Administrative Services:
Provide oversight for any other consultants and contractors who provide
services for ICRMA;
2. maintain ICRMA's governing documents;
3. develop and prepare the guidelines and standards for accepting new
members;
4. review all new applications for ICRMA membership, including consultant and
broker evaluations, and make recommendations to the Board regarding such
applications;
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5. act as filing officer for ICRMA to ensure compliance with the Conflict of
Interest Code;
6. keep the Board informed concerning the need for and timing of claims audits
and actuarial studies and other similar forms of technical assistance;
7. administer the ICRMA University Program; and
8. maintain and update monthly, ICRMA's web -site.
C. Board Secretarial Services:
1. Provide, post, and distribute descriptive agendas for meetings of the Board
and other subcommittee meetings in accordance with the Governing
Documents and the Ralph M. Brown Act;
2. prepare agendas and back -up materials and deliverwithin five business days
in advance to all members, for each committee, board, and special meeting;
3. within fifteen (15) working days after the meeting, prepare and distribute
minutes of all Board or other subcommittee meetings;
4. assist other staff members in carrying out the terms of this Agreement;
5. prepare all correspondence necessary to the operation of ICRMA or for the
clarification of ICRMA's business or operations;
6. maintain a general file of all ICRMA documents including, but not limited to,
correspondence, reports, insurance policies, notices, agendas, minutes, and
ICRMA's governing documents;
7. maintain administrative records and update them as necessary;
8. when required, prepare and file updated California Secretary of State
Statement of Facts forms for ICRMA and comply with other reporting
requirements of the State of California; and
9. as required, provide advice and assistance to member agencies.
D. Risk Management Services:
1. Develop and prepare underwriting guidelines and procedures;
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2. assist ICRMA in the selection of risk management and insurance programs,
brokers of record, insurance companies, claims administrators, consultants,
and other professionals who may provide services to ICRMA;
3. review alternatives for financially strengthening ICRMA's programs, and
report to the Board on the status of such alternatives;
4. monitor the status of ICRMA's programs and operations, member agencies'
losses, administrative and operational costs, service companies' and brokers'
performance, and provide the Board with appropriate status reports
pertaining thereto;
5. assist assigned actuaries in their review and analysis of self- funded reserve
levels, deposit premium computations, plan design, and utilization of benefits
with the objective of obtaining the best coverage and benefits with the
minimum cost to the member agencies;
analyze loss runs and individual claims, when necessary, to minimize claims
costs to ICRMA;
7. maintain a computerized data base of all required statistical information on
the member agencies and their claims;
8. provide certificates of coverage, as required;
9. as required, provide advice and assistance to member agencies;
10. provide each member entity with two copies of a claims procedures manual
and periodic training thereon; and
11. provide each member entity with two copies of a transfer of risk manual and
periodic training thereon.
E. Financial Services:
Prepare and distribute ICRMA billings for payment by member agencies;
maintain detailed records of all income, expenditures, deposits, and
withdrawals;
3. verify demands for payment made upon ICRMA and as necessary, prepare a
warrant listing for approval by the President; such listings shall include all
such demands made since the last warrant listing;
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4. upon approval of the warrants, issue checks to pay bills;
5. respond to requests for confirmation made by member agencies' financial
auditors;
6. perform monthly bank reconciliations of all accounts;
7. administer accounts payable and receivable;
6. maintain financial records in accordance with generally accepted accounting
principles;
9. quarterly, prepare and submit to ICRMA's Treasurer for approval a
Treasurer's Report detailing all funds on hand, classified by depository;
10. within sixty (60) days after the end of the quarter, prepare and submit a full
financial disclosure of all funds on deposit including receipts and
disbursements of funds during the quarter just ended;
11. arrange for the annual financial audit by the CPA firm approved by the
Board;
12. prepare and submit to the Board for approval by May 30 of each year an
annual budget for ICRMA ;
13. prepare, for each meeting of the Board, a claims paid listing for all claims
paid by ICRMA for the most recent quarter and to -date;
14. prepare and timely file updated California State Controllers Annual Report of
Financial Transactions forms for ICRMA and comply with other reporting
requirements of the State of California;
15. prepare and timely file Form 1099's with the Internal Revenue Service for all
necessary expenditures made, other than those expenditures made by third
party claims administrators;
16. maintain any additional financial or other records as may be necessary to the
operation of ICRMA; and
17. as required, provide advice and assistance to member agencies.
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F. Support Services:
1. Provide the support services required to satisfactorily conduct ICRMA's
business including clerical support, printing and copy services, mailings, etc.;
2. maintain up -to -date mailing lists of all member agencies, Board members,
standing and ad hoc committee members, and providers of services;
3. arrange meeting facilities including accouterments and meals, if desired, for
Board meetings;
4. arrange meeting facilities, including lodging and meals, for Board strategic
planning sessions;
5. provide for other meeting arrangements, such as, room and board for other
meetings, conferences, or seminars as required by ICRMA;
6. at BRS's expense:
a. provide equipment and related lines for the receipt and transmission
of documents by facsimile;
b. furnish telephone lines sufficient to provide adequate service to
ICRMA's member agencies, including member agency access to at
least two 800 number lines in BRS's offices;
C. provide postage for mailings of ICRMA materials prepared by BRS;
d. provide all office supplies required to carry out the purposes of this
Agreement;
e. provide printing required for letterhead, envelopes, forms, and other
printed documents;
f. maintain subscriptions to the professional periodicals required to carry
out the purposes of this Agreement; and
g. reimburse BRS's employees for travel on behalf of ICRMA, except
travel incidental to services provided outside of this Agreement.
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G. Other Services:
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Although not a part of this Agreement, BRS, when mutually agreed by ICRMA and
BRS, may perform additional services, including any or all of those set forth in
Section VI of the BRS proposal issued in January 2002. Payment for said
additional services shall be in accordance with the amounts set forth in that
proposal or for different services, in accordance with Section IX of this Agreement.
VII. DUTIES OF ICRMA
ICRMA shall:
A. Require member agencies to provide on a timely basis any information required by
BRS to carry out the duties pursuant to this Agreement;
B. require member agencies to be truthful with BRS, cooperate with BRS's staff,
cooperate in the conduct of ICRMA's programs, and keep BRS informed of any
developments which could impact the operations of ICRMA;
C. perform the obligations ICRMA has agreed to perform under this Agreement and
pay BRS's billings in a timely manner;
D. appoint Greg Trout, John Chaquica and Rob Kramer to the positions set forth in
Section V;
E. appoint a members of BRS's staff as ICRMA's Assistant Treasurer and Board
Secretary and designate such appointees as officers of ICRMA;
F. provide a petty cash fund in an amount which is reasonable and mutually agreeable
to pay for ICRMA's professional memberships, Board travel, business meals and
lodging, and other miscellaneous expenses of ICRMA. A member of BRS's staff
shall be designated as the Petty Cash Custodian;
G. pay annual membership costs for ICRMA's membership in pooling trade
organizations such as CAJPA, PARMA, PRIMA and AGRIP, to which ICRMA may
wish to belong;
H. at ICRMA's expense, select an attorney who shall be designated to provide
coverage opinions whenever such matters are in dispute; such attorney shall not be
a member of BRS's firm, however, BRS agrees to provide recommendations to
ICRMA as to such selection if requested;
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at ICRMA's expense, if required, appoint a CPA or other qualified firm to invest the
reserve funds of ICRMA; and
J. at ICRMA's expense, purchase a fidelity bond to cover ICRMA's Treasurer,
Assistant Treasurer, Petty Cash Custodian, and any other officer who may handle
monies of ICRMA or who has authority to sign checks for ICRMA.
VIII. PAYMENTS TO BRS
BRS hereby agrees to perform the services set forth in this Agreement for all four years of
this Agreement at the following fees, provided no additional members join the ICRMA.
2002 -2003 2003 -2004 2004 -2005 2005 -2006
Annual Contract Price: $466,500 $447,100 $468,700 $491,400
Adjustments to the amounts due to BRS for the addition of new members shall be as set
forth in subparagraph A to this Article.
During the term of this Agreement, ICRMA shall pay BRS as follows:
(1) Regarding one -time charge for initial cost of conversion from current
provider to BRS:
$20,000 on July 1, 2002
$10,000 on August 1, 2002
$10,000 on September 1, 2002
(2) Fixed contract for 2002 -2003 $426,500, divided into 12 equal monthly
payments, each in the amount of $35,541.55, and due on the 10th day
of the month following the performance of services.
(3) In the year 2003 -2004, the fixed contract amount shall be $447,100,
payable in 12 equal monthly payments, each due on the 10`h day of
the month following the performance of services.
(4) In years 2004 -2006, the fixed contract amount shall be increased to
$468,700 and $491,400, respectively, payable monthly as provided
above.
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A. New Member Agencies of ICRMA
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Nothing in this Agreement shall prevent ICRMA from adding new members; however, for
each new member agency added to ICRMA's membership, BRS shall be paid annually an
amount equal to .015% to .020% of the added payroll from the new members, to be
mutually agreed upon by ICRMA and BRS. Such amount shall be in addition to the
contract price due to BRS as set forth in this Article, and annually thereafter, adjusted
pursuant to the total contract adjustment.
IX. ADDITIONAL SERVICES
In the event that additional services, or extra work, which are not covered by this
Agreement or the optional services quoted in Section VI of the BRS proposal dated
January, 2002, are desired, such services will be billed on a time and materials basis atthe
hourly rates which are shown on Exhibit A, attached hereto and incorporated herein or on a
flat rate basis. The hourly rates shown in Exhibit A may be increased by BRS upon written
notice to ICRMA. Prior to commencing any additional services or extra work, BRS shall
prepare a task order describing the scope of work and the costs for the extra services.
ICRMA shall have no obligation to pay for extra services by BRS until after the approval of
the task order by the President or the Board, as appropriate.
X. TERMINATION OF AGREEMENT
This Agreement may be terminated prior to the expiration of the term specified in Section
XVIII in any one of the following ways:
A. By mutual agreement of the parties expressed in writing;
B. By BRS, after the twenty -fourth (24th) month of this Agreement, upon giving ICRMA
not less than six (6) months prior written notice of its election to terminate the
Agreement;
C. By BRS, for cause, upon giving to ICRMA not less than sixty (60) days prior written
notice of its election to terminate the Agreement for cause, which notice shall
specify the particular cause and the facts and circumstances justifying the
termination of the Agreement for cause.
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For purposes of this paragraph, the following shall justify termination of the
Agreement for cause: the appointment by ICRMA of any person other than an
employee of BRS to serve as an officer listed in Section VII of this Agreement; or,
violation by ICRMA of any of the other duties enumerated in Section VII of this
Agreement;
D. By ICRMA, without cause, after the twenty -fourth (24th) month of this Agreement,
upon giving BRS ninety (90) days prior written notice of its election to terminate the
Agreement; or
E. By ICRMA, for cause, upon giving BRS not less than thirty (30) days prior written
notice of its election to terminate the Agreement for cause, which notice shall
specify (1) the particular cause and the facts and circumstances which justify the
termination of the Agreement for cause, and (2) the right of BRS to request within
fifteen (15) days a hearing before ICRMA's Board, with a quorum of at least two -
thirds (2 /3rds) of the members attending, to contest the proposed termination. If
BRS requests a hearing, the hearing shall be held before the Board and, absent an
extension granted by the Board, the Board shall render a decision on the matter
within a 60 (sixty) day period.
For purposes of this paragraph, the following shall justify termination for cause:
mishandling ICRMA's funds by any employee of BRS; any intentional misrepresentation or
fraud by any employee of BRS in connection with the performance of BRS's duties under
this Agreement; the commission of any illegal acts or omissions by any employee of BRS
in relation to the performance of duties under this Agreement; a material breach of this
Agreement or habitual neglect of duty by any employee of BRS in the performance of
duties under this Agreement; or the failure to provide a qualified person to fill a vacant
ICRMA office after due notice and opportunity to find a qualified person.
XI. OWNERSHIP OF RECORDS
All written records of the operations, administration, and activities of ICRMA shall at all
times remain the property of ICRMA. Upon termination of this Agreement, BRS shall
surrender all written records to ICRMA upon demand.
The computer media, including the equipment, software programs, and data disks and
tapes, shall at all times remain the property of BRS, except for any proprietary software
created for ICRMA for which ICRMA has paid the programming costs.
BRS shall make available to ICRMA, at ICRMA's cost, data then in each of BRS's
computer's memory, data disks, and tapes by reproduction of the data. Such data shall
include, but not be limited to, the most recent annual program reports, annual budget,
claims records, and accounting records. Such data, if requested by ICRMA, shall be
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Administrative Agreement
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reproduced at the then current hourly rates for services charged as outlined in Section IX
of this Agreement.
XII. INDEPENDENT CONTRACTOR
BRS is and shall at all times remain as to ICRMA a wholly independent contractor. Neither
ICRMA nor any of its agents shall have control over the conduct of BRS's employees or
associates, except as otherwise set forth.
XIII. EQUAL OPPORTUNITY EMPLOYER
BRS shall not discriminate against any employee or applicant for employment because of
race, religion, color, sex, age, or natural origin.
XIV. INDEMNIFICATION
BRS agrees to indemnify, defend, and hold harmless the ICRMA, its Governing Board,
and each Member thereof, and every officer and employee of the ICRMA, from any and
all liability, damages (whether in contract or tort, including personal injury, death at any
time, or property damage), costs, and financial loss, including the management of funds
and all costs and expenses of litigation or arbitration, arising from the wrongful or
negligent action or inaction of BRS or any person employed by BRS in the performance
of this Agreement. BRS shall also hold ICRMA harmless against any liability that it may
incur toward BRS's employees, including, but not limited to liability for payment of
workers compensation benefits.
XV. INSURANCE
BRS shall procure and maintain for the duration of the contract insurance against
claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by BRS, its agents,
representatives, or employees.
Minimum Scope of Insurance
Coverage shall be at least as broad as:
A. Insurance Services Office Commercial General Liability coverage.
B. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile
Liability Code 1 (any auto).
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C. Workers' Compensation insurance as required by the State of California and
Employer's Liability Insurance.
D. Errors and Omissions liability insurance appropriate to BRS's profession.
Minimum Limits of Insurance
BRS shall maintain limits of no less than:
General Liability: Two Million Dollars ($2,000,000) per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to this proposal or the general aggregate
limit shall be twice the required occurrence limit.
Automobile Liability: Two Million Dollars ($2,000,000) per accident for bodily
injury and property damage.
3. Errors and Omissions Liability: One Million Dollars ($1,000,000) per occurrence.
Other Insurance Provisions
The commercial general liability and automobile liability policies are to contain, or be
endorsed to contain, the following provisions:
The ICRMA, its officers, officials, employees, and volunteers are to be covered
as insureds as respects: liability arising out of work or operations performed by
or on behalf of BRS, or automobiles owned, leased, hired, or borrowed by BRS.
2. For any claims related to this proposal, BRS's insurance coverage shall be
primary insurance as respects the ICRMA, its officers, officials, employees, and
volunteers. Any insurance or self- insurance maintained by the ICRMA, its
officers, officials, employees, or volunteers, shall be excess of BRS's insurance
and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be cancelled by either party,•except after thirty (30) days' prior
written notice by certified mail, return receipt requested, has been given to the
ICRMA.
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Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than
A:VII, unless otherwise acceptable to the ICRMA.
Verification of Coverage
BRS shall furnish the ICRMA with original certificates and amendatory endorsements
effecting coverage required by this clause. The endorsements should be on forms
provided by the ICRMA or on other than the ICRMA's forms provided those
endorsements conform to the ICRMA requirements. All certificates and endorsements
are to be received and approved by the ICRMA before work commences. The ICRMA
reserves the right to require complete, certified copies of all required insurance policies,
including endorsements effecting the coverage required by these specifications at any
time.
Sole Negligence
Insurance obtained by BRS does not apply or shall not be construed as being
applicable for damages arising out of the bodily injury to any person, personal injury to
any person, or damage to property of others resulting from the sole negligence of the
ICRMA and its officers, employees, and agents, if applicable.
XVI. FIDELITY BOND
BRS shall procure and maintain a Fidelity Bond which covers those BRS staff members
who provide services to the ICRMA in those activities relating to the Administrative and
Risk Management Services Agreement Between the ICRMA and BRS. The amount of
the Fidelity Bond shall be determined by the ICRMA Governing Board. Coverage for
BRS staff members may be provided in conjunction with the Fidelity Bond provided for
ICRMA Officers, Board Members, Alternate Board Members, and Committee Members.
XVII. FAIR EMPLOYMENT PRACTICES
BRS agrees that all persons employed by BRS shall be treated equally by BRS without
regard to or because of race, color, religion, ancestry, national origin, handicap, sex,
sexual preference, or age and in compliance with all anti - discrimination laws of the
United States of America, the State of California and the Member Cities of the ICRMA.
BRS agrees that during the performance of this Agreement SRS and any other parties
with whom BRS may subcontract shall adhere to equal opportunity employment
practices to assure that applicants and employees are treated equally and are not
discriminated against because of their race, religious creed, color, national origin,
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ancestry, handicap, sex, sexual preference, or age. BRS agrees to state in all of its
solicitations or advertisements for applicants for employment that BRS is an "Equal
Opportunity Employer" or that all qualified applicants shall receive consideration for
employment without regard to their race, religious creed, color, national origin, ancestry,
handicap, sex, sexual preference, or age. BRS shall, if requested to do so by the
ICRMA, certify to the ICRMA that BRS has not, in the performance of this Agreement,
discriminated against applicants or employees because of their membership in a
protected class. BRS shall provide the ICRMA with access to and, upon request,
provide copies to the ICRMA of all of BRS's records pertaining or relating to BRS's
employment practices, to the extent of such records are not confidential or privileged
under State or Federal law.
XVIII. CONFLICT OF INTERESTS
BRS hereby certifies, to the best of its knowledge, that it has no conflict of interest in
carrying out the provisions of this Agreement. To the best of our knowledge no conflict of
interests currently exists in our performance of duties for these agencies with respect to
ICRMA. Should any conflict, apparent or real, occur in the future, all parties to this
Agreement shall be so notified immediately.
XIX. ASSIGNMENT
ICRMA and BRS each binds itself, its principals, successors, assigns, and legal
representatives to the other party to this Agreement and to the principals, successors,
assigns and legal representatives of such other party with respect to all covenants of this
Agreement. Neither ICRMA nor BRS shall assign, sublet, or transfer its interest in this
Agreement without the written consent of the other.
XX. TERM OF AGREEMENT
This Agreement shall be in effect from July 1, 2002, through and including June 30, 2006,
subject to earlier termination as set forth in Section X of this.Agreement, or extension by
mutual agreement of the parties.
XXI. .DISCLAIMER OF GUARANTEE
BRS has made no promise or guarantee to ICRMA aboutthe outcome of ICRMA's matters,
and nothing in this Agreement shall be construed as such a promise or guarantee.
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XXII. LITIGATION COSTS
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Should any litigation occur relating to the enforcement and /or interpretation of this
Agreement or any part thereof, the prevailing party shall be entitled to reasonable
attorney's fees and costs. The determination of whom, if anyone, is the prevailing party as
well as what shall constitute reasonable attorney's fees and costs shall be made by the
judge presiding over said litigation.
XXIII. SUPERSESSION OF PRIOR TERMS AND CONDITIONS
This Agreement integrates all terms and conditions mentioned herein or incidental hereto,
and supersedes all oral negotiations and prior writings in respect to the subject matter
hereof. In the event of conflict between terms, conditions or provisions of this Agreement
and any such document or instrument, the terms and conditions of this Agreement shall
prevail.
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XXIV. SEVERABILITY
Should any portion, term, condition, or provision of this Agreement be decided by a court of
competent jurisdiction to be illegal or in conflict with any law of the State of California or the
United States, or be otherwise rendered unenforceable or ineffectual, the validity of the
remaining portions, terms, conditions and provisions shall not be affected thereby.
IN WITNESS HEREOF, the parties hereto have executed this Agreement the day and year first
above written.
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President, Independent Cities Risk Management Authority
President, BRS Risk Services
APPROVED AS TO FORM:
J. Kenneth Brown, General Counsel
ICRMA
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EXHIBIT A
Professional Services
Rates Per Hour
Consultant
FY
2002/03
FY
2003/04,.,
FY
2004/05
FY
2005/06
Greqory Trout
$175
$184
$193
$203
John Chaauica
175
184
193
203
Rob Kramer
175
184
193
203
Linzie Kramer
185
194
204
214
Jeff Grubbs
150
158
165
174
ngela Jean
105
110
116
122
Charles Grav
105
110
116
122
Admin. Support
45
47
50
52
Accountant
50
53
55
58
contract between ICRMA and BRS (Doc. #100057v2)