HomeMy WebLinkAbout55 Agreements AGREEMENTS
TAB 55
MEDICAL DIRECTOR
AGREEMENT
MEDICAL DIRECTOR AGREEMENT
This Medical Director Agreement is made as of , 2009, between the City of Lansing
Policemen's and Firemen's Retirement System Board of Trustees, whose principal business address is
124 West Michigan Avenue, 8th Floor City Hall, Lansing, Michigan 48933 (the "Board"), and Victor
Roth, MD, MPH, FACPM, FAAFP, FACOEM, whose principal business address is 4870 Clark Road,
Suite 106, Ypsilanti, Michigan 48197 ("Dr. Roth").
RECITALS
A. The Board requires the services of a qualified physician to perform disability examinations and to
serve as its Medical Director.
B. Dr. Roth is a duly qualified physician licensed to practice medicine in the State of Michigan
specializing in Occupational and Family Medicine.
C. The Board appointed Dr. Roth to serve as its Medical Director by resolution on June 15,2004,
D. The Board and Dr. Roth wish to clarify Dr. Roth's appointment according to the terms and
conditions of this Agreement.
PERMS AND CONDITIONS
In exchange for the consideration in and referred to by this Agreement,the parties agree as follows:
Article I
Independent Contractor
1.1 Independent Contractor. At all times during the performance of any services under this
Agreement, Dr. Roth shall be acting and discharging his duties and responsibilities as an independent
contractor. Dr. Roth is not an employee, servant, agent of, or a partner, or joint venturer with the Board.
Dr. Roth shall be solely responsible for all federal, state and local taxes due on all fees paid to him by the
Board under this Agreement. Dr. Roth acknowledges that his arrangement with the Board under this
Agreement is contractual and is terminable at will by either party.
Article II
Duties and Responsibilities
2.1 Duties and Responsibilities. In accordance with the Board's operating practices and policies, as
Medical Director Dr.Roth shall:
(a) Arrange for and pass upon all medical examinations required or permitted under Chapter 294
of the Lansing Codified Ordinances.
(b)Investigate all essential medical statements and certificates made by or on behalf of a member
of the City of Lansing Policemen's and Firemen's Retirement System in connection with such
member's application for disability retirement or in connection with a claim for service-connected
death benefits.
(c) Report in writing his conclusions and recommendations on medical matters referred to him
by the Board.
(d) When issued a valid subpoena, testify in judicial or administrative proceedings on medical
matters referred to him by the Board.
2.2 Compliance with Laws. Dr. Roth shall fulfill his duties and responsibilities under this Agreement
in an efficient and conscientious manner in compliance with applicable laws, rules, regulations,
ordinances, orders, permits, and licenses required by any governmental agency of competent jurisdiction.
In addition, Dr. Roth shall be responsible for obtaining and maintaining all required licenses and other
approvals relating to his responsibilities as Medical Director under this Agreement.
2.3 Schedule. This Agreement specifies the services to be performed by Dr. Roth. Dr. Roth is free to
determine and arrange the time and manner of performance of such services within the overall schedules
established by the Board.
2.4 Office and Equipment. Dr. Roth, at his sole cost and expense, shall be responsible for providing
and maintaining the office space, facilities, supplies, equipment and non-physician employees necessary
to perform his duties and responsibilities under this Agreement.
2,5 Insurance. Dr. Roth, at his sole cost and expense, shall maintain policies of professional and
general liability insurance covering himself and his employees during the tern of this Agreement. Copies
of such policies shall be made available to the Board upon its request.
Article III
Fees
3.1 Examination Fee, The Board shall pay to Dr. Roth a $550.00 examination fee per medical
examination during the term of this Agreement. Prior to payment, Dr. Roth shall be responsible for
providing a detailed invoice to the Board. Payment of the examination fee shall be due no sooner than 45
days after the receipt of said invoice.
3.2 Reexamination Fee. The Board shall pay to Dr. Roth a $300.00 reexamination fee per medical
reexamination during the term of this Agreement. Prior to payment, Dr, Roth shall be responsible for
providing a detailed invoice to the Board. Payment of the reexamination fee shall be due no sooner than
45 days after the receipt of said invoice.
3.3 Additional Costs. Except for the fee established in Sections 3.1 and 3.2 above, Dr, Roth shall be
solely responsible for all costs or expenses incurred in the performance of his duties and responsibilities
under this Agreement unless the payment of such cost or expense receives prior approval by the Board.
3.4 Fee Modification. The examination fee and reexamination fee established in Sections 3.1 and 3.2
above may be modified upon written consent of both parties. The Board must approve a modified
examination or reexamination fee before it shall be effective.
Article IV
Term and Termination
4.1 Term. This Agreement shall begin on the date first stated above and remain in effect until
terminated in accordance with Section 4.2 below.
4.2 Termination. This Agreement may be terminated by the Board or Dr. Roth at will upon 30 days
written notice given by either party to the other.
4.3 Effects of Termination, Upon termination of this Agreement, neither party shall have any further
obligations, except for: (i) obligations occurring prior to the date of termination, and (ii) obligations or
promises made in this Agreement which are expressly made to extend beyond the tern of this Agreement.
Upon receiving the City's notice of termination Dr. Roth shall immediately discontinue all services
(unless the notice directs otherwise).
Article V
Miscellaneous
5.1 Indemnification. To the extent permitted by law, Dr. Roth shall indemnify the Board (defined for
purposes of this paragraph to include the Board's officers and employees), and hold the Board harmless,
from any demand, claim,judgment, award, legal proceeding, or loss of any kind arising from or pursuant
to this Agreement, except where caused by negligence or wrongdoing of the Board. The requirements of
this Section 5.1 shall survive the expiration or termination of this Agreement for a period of 3 years.
5.2 Assig_nment Prohibited. Dr. Roth may not assign this Agreement or its rights, privileges, duties,
or obligations without the Board's prior written approval.
5.3 Interpretation. This is the entire agreement between the parties as to its subject matter. This
Agreement may not be modified except in writing signed by the parties. Its interpretation shall not be
affected by any course of dealing. The captions are for convenience and form no part of this Agreement,
but the recitals are an integral part of this Agreement. This Agreement shall be construed as if it were
mutually drafted.
5.4 Publication, Reproduction and Use of Material. To the extent permitted by law, the Board shall
have authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other
materials prepared under this Agreement. The requirements of this Section 5 A shall survive the
expiration or termination of this Agreement.
5.5 Governing Law. To the extent permitted by law,jurisdiction and venue pertaining to any action
arising from or pursuant to this Agreement shall be with the state courts in Ingham County,Michigan.
5.6 Notice. Any notices shall be made in writing to the addresses first written above or such other
addresses as indicated by notice and shall be made by personal delivery or by postage prepaid United
States first-class mail and shall be deemed completed when actually received or, if by first-class mail,
three business days after mailing. ;
The parties have signed this Agreement as of the date first above written.
CITY OF LANSING POLICEMEN'S AND VICTOR ROTH, MD, MPH, FACPM, FAAFP,
FIREMEN'S RETIREMENT SYSTEM BOARD FACOEM
OF TRUSTEES
By:
Bruce Holliday,Chairperson Dr.Victor Roth
5898927.4 2600511 18235
INVESTMENT
CONSULTANT
CONTRACT
TAB 60
AGREEMENT FOR
CONSULTANT SERVICES
April 1 , 1998
AGREEMENT FOR CONSULTING SERVICES
BETWEEN
CITY OF LANSING'S POLICE AND FIRE RETIREMENT SYSTEM
BOARD OF TRUSTEES
AND
ASSET CONSULTING GROUP, INC.
This Agreement ("Agreement") entered into, and effective as of this 1" day of April 1998,
between the City of Lansing's Police and Fire Retirement System Board of Trustees ("Board") and
Asset Consulting Group,Inc., ("ACG"), located at 7700 Bonhomme Avenue, Suite 650, St.Louis,
MO 63105;
WITNESSETH that:
WHEREAS, the Board was established to oversee the Police and Fire Retirement System's
Fund ("Fund") for the purpose of providing benefits to police and fire personnel of the City of
Lansing, Michigan ("City");
WHEREAS, Section 9-203 of the 1978 City Charter, as amended through November 8,
1994, continues the pension system provisions of the 1966 City Charter, and Michigan Public Act
55 of 1982, as amended, provides for the selection of investment service by the Board and allows
the performance of certain evaluation and consulting services by ACG;
WHEREAS,pursuant to a certain Request for Qualifications and Proposal("RFQP")issued
by the City on November 12, 1997 and referred as RFQP/97/112, the Board solicited proposals with
respect to certain evaluation and consulting services;
WHEREAS, on November 10, 1998, the Board elected to retroactively engage to April 1,
1998 ACG for the performance of services identified in the RFQP;
WHEREAS, the Board wishes to formalize an agreement to retain ACG's services; and
WHEREAS, the Board has decided and determined that the Fund would benefit from the
employment of an investment consultant to assist them in a host of areas, including but not limited
to: investment objectives, goals, and priorities, asset allocation, investment manager structure, and
perfonmance measurements. J'he Board has determined that an investment consultant would benefit
the Fund by maintaining a proactive approach to products; developments and trends for the
investment of Fund assets;
NOW,THEREFORE,the parties,in consideration of the preanise,desire to evidence by this
Agreement their mutual obligations and covenants as set forth herein to be kept and perfoz7xied,agree
as follows:
Assct Consultant Group Contract
City of Lansing's.Police and Fire Retirement System's Fund
Page 3.
trading,performance,data,Board services,business plans,as well as any other information required
by the Board. ACG will also be involved in the interview process with respect to prospective
investment managers.
ACG agrees to assist in the establisluncnt of appropriate benclunarks for evaluation of
manager(s)and Fund results. ACG also agrees to provide at least quarterly performance attribution
reports which will include at a minimum the impact asset allocation, investment style, industry
sector and security selection on performance. Reports will include quarterly, as well as one year,
three years, and five year results and comparison reports will measure individual managers, funds,
asset classes, and total Fund return. Report format will be designed as required by the Board and
amended,as needed. ACG further agrees to provide at least twelve copies of quarterly reports along
with a verbal presentation at the Board's regularly scheduled monthly board meeting that falls two
months after the end of each calendar quarter.
ACG agrees to assist the Board in reviewing theFund's investment,custodial,and brokerage
practices, with a view to cost saving strategies.
ACG agrees to base all recommendations on applicable state and local laws governing the
respective retirement system, with the Board malting every effort to provide these changes to ACG
as they become available,
ACG agrees to execute any and all other tasks or assignments as outlined in Attachment"A".
The parties agree and understand that the Board retains full and final discretionary and
fiduciary controls and bowers, including but not limited to, determining asset allocation, selecting
investment managers, and establishing goals and objectives for the Fund.
3. Custodian of Securities. In the event the Fund does not have a custodian of its
investment assets and it is determined advisable to retain one,ACG will provide guidance and advise
in the selection process. If the Fund has a custodian, ACG, upon request of the Board, will review
its performance and give advice as to the advisability of continuing the custodian's services or will
make suggestions as to a replacement custodian.
4, Com )ensation. The Board will pay ACG $47,500.00 per annum and is payable
quarterly, in arrears, This annual fee includes all expenses incurred by ACG in performance of its
services, and accordingly, the Board will not be obligated to pay expense reinibUrsements to ACG
relating to routine out-of-pocket expenses, If ACG anticipates incurring unusual or extraordinary
expenses, ACG agrees to discuss such expenses with the Board and provide an estimate.of same, in
advance, for the purpose of obtaining Board's approval. The annual fee will be billed quarterly, in
arrears, in equal installments by ACG to the Board with the first calendar quarter prorated, 11'
necessai�,.
Asset Consultant Group Contract
City of Lansing's Police and Fire Retirement System's Fund
Page S.
11, Termination and Assil;nmen t. This Agreement will continue in effect until terminated
by either party by giving to the other pally notice in writing at least thirty (30) days prior to the
effective date of termination. This Agreement will not be assignable by either party without first
obtaining the written consent of the other party. After-the effective date of termination,the parties'
respective obligations hereunder will cease,provided,however,that a termination will not affect the
parties' rights and obligations arising prior to the date of termination. Final billing by ACG will be
prorated to the effective date of termination,
IN WITNESS WHEREOF, the parties' respective authorized representatives hereto have
executed this Agreement as of the date first set forth above.
ASSET CO ,SULTING GROUP, INC.
DATED:
Nov ��� < <� By: tit
By: ) ,
Title:
CITY OF LANSING POLICE AND FIRE
RE NT YSTEM
DATED:
By: —
By:
Title: C-44-1-RitlIN
Approved as to fonn by the
Lansing City Attorney's Office:
rdanuty Cit ttorney
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TAB 61
AMENDMENT
May 22 , 2003
Amendment to Agreement
This Amendment shall serve to amend and update our Agreements between the City of
Lansing Police and Fire Retirement System (hereinafter collectively referred to as the "Client") and
Asset Consulting Group, hic. (hereinafter referred to as "ACG") originally accepted and agreed to
November 24, 1998 ("Agreement").
Compensation
The Client shall pay ACG $52,500 as the amended annual fee compensation for
ACG's services. This annual fee includes all expenses incurred by ACG in performance of its
services, and accordingly, the Client shall not be obligated to pay any expense reimbursements to
ACG. The annual fee will be billed quarterly, in arrears, in equal installments by ACG to the Client.
Effective Date
This Amendment to the annual fee compensation shall commence and be effective
April 1,2003,
Ap-,aal Adjustment
i
Commencing April 1, 2004 and continuing on the first day of April of each year
thereafter while the Agreement is in effect, the annual fee compensation for ACG will be adjusted
over the prior contract year's compensation by a percentage equal to the adjustment factor. The
adjustment factor shall be determined by, and be equal to, the State of Michigan factor for ad valorem
real property tax adjustment for the year in which the contract year falls established by the Michigan
Treasurer under the Michigan constitutional amendment, commonly known as Proposition A; except
that annual fee compensation is capped and shall not be greater than 5%per annum.
Amendment Effect
This Amendment amends the annual fee compensation as herein provided. All other
rights, duties and obligations of the parties under the Agreement not inconsistent with this
Amendment remain in full force and effect.
tn'
Accepted and agreed to this day of , 2003.
p
ASSET CONSULTING GROUP, INC. CITY OF LANSING'S POLICE AND FIRE
RETI + +NT SYS' 'LM
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