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Agmt 2004 Hartford Life Insurance Company
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Agmt 2004 Hartford Life Insurance Company
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Last modified
8/12/2009 10:38:08 AM
Creation date
8/7/2009 12:37:31 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
3/18/2004
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PERM
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Reso 2004-029
(Approved by)
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\City Clerk\City Council\Resolutions\2004
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13.14 Any provision of this Agreemer~ which s proh~ited or <br />unenforceable m arty jurisdiction shah be ineffectnve to the extent <br />such prov~ion s prohibited or unenforceable without irwatidattirg <br />the remaining provisi~, and ary such prohibition or <br />unenforc~ble provision in arty jutisdctian shall not uwallicfate nor <br />render ur~nforc~ble such provision in any other juriscitdion. <br />13.15 Both the Plan Sponsor and Flariford Life agree to comply <br />in ell materiel with all r~licable federal, state, and local <br />laws and regulations as it affects the Plan and its operation <br />including any applicable privacy laws unckr 15 U. S. C. 6801 <br />through 6809. Nothing contained herein shah be rronstrued to <br />prottthit either party from performing any act or not performing <br />erry act as either may be required try statute, court, or other <br />authority having jurisdrefian thereof. <br />13.16 tf an ambiguity exists in the interpretation of the terms sal <br />forth in the Investment Arrangement and the terms set forth m <br />Hartford Life s respor>se to the Ciiy of San Leort~o's Request for <br />Proposal dated July 30, 2003, sr~h ambiguity st~tf be <br />interpreted m arxordarrce with the pertinent terms set forth in the <br />Agreement <br />13.17 Two or more dr~icath originals of ttris Agreement may be <br />sigr-ed by the parties, each of which shall be an original but all of <br />which togethersirall wnstiitrrte one and the same instrwnent, <br />13.16 Ths Agreement and arty written appendcers, amemm~errts <br />and addenda hereto embody the entire Agreement of the parties. <br />Tl>are are no promises, terms, conddiorts or abligaiiorrs other <br />than those contained herein and tlvs Agreement shall supersede <br />au previous c~mmurucations, representatrorrs or agre~nents, <br />either mat or written, betwe~ the patties hereto with respect to <br />this Agreement <br />13.18 This Agreement stroll be effective immediately upon <br />execution by bath parties and stvall remain ~ force until <br />tertnir>r~ed by either party as provided herein. <br />13.20 Hartford Life will retain 0.25% (~ bass poirrl9) of <br />administrative terenue it receives th cover the costs to provide <br />the level of setvrces descrbed in the proposal presented to the <br />Empoyer try Hertford life, i~liadi~ a compn:hansiue education <br />program, marketing collateral, individuel kr-person meetings wrfh <br />representatives, daily valuation record keeping, cornpliarice <br />assistar~, reporting investments, Investment Option review <br />process, and thll-free and online services. Hartford lJfe will n~rnik <br />to ttre Empkryer all revenue in excess df O.~k (25 basLs pants) <br />to cover expenses iricured by the Employer m the administration <br />of the defered canpensafion plan., <br />The annualized Distnbuton and Administrative Revenue is based <br />upon average monthly total plan assets, using a weighed <br />averege of the equal revenue received from the Plan Investment <br />Qptions. The revenue to be inckrded in this calcula5on shall <br />include airy Distribution and Administrative Revenue actually <br />paid to Hertford Life, in accordance with the sale and servicing of <br />the irnestmertls allocated to Pariic~nt accounts. <br />1-~rtford Life v~i~ Calculate the equal Disribufion and <br />Administrative Revenue it receives each calendar quarter and set <br />forth in the format shown ~ Exhit~it A. Shot~d.the Distnbuton <br />and 1{dminstrative Revem-e for a calendar quarter not equal 25 <br />basis pants, annualized, for the precedng calendar quarter, <br />Hartford Life strap notify the City of Sart Leandro of the shortfall. <br />Should tt~ City of San Leandro tail to sutxnit the fuY amount of <br />the stwrtfa~ within 45 days following tiie end of the preceding <br />calendar quarter, Hartford Life reserves the right, in ifs sole <br />discretion, to increase the Progr~n & Admir~trative F.xperrse <br />deductions as set forth in the mast recent Group Funding <br />Agreement The ir>cr~se wn~l remadn in effect throughout the <br />term of the Group Furrang Agreement, and arty Group Fundng <br />Agreement extensions agreed to by the City of San Leandro and <br />Hartford Life. <br />Should the total Distr~rrtion and Admirrstrative Revenue for the <br />precedng c~llendar quarter exceed 25 basis poirrls, annualized, <br />and no defaults are ouistar~ng, Hartford Lse agrees to make <br />payment to the City of San Leandro of arty such amount in <br />excess wrfhin 15 busness hays of the end of the calendar <br />~~~ <br />For the purposes of this Section, the farm 'Distributon Revenue" <br />shall be defined as the sum of Mutual Fund 12l}1 Fees, Outside <br />Muhral Fund 12b-1 Fees, and Outside Mutual Fund Finder Fees. <br />For tt>e purposes of ttts Section, the term 'Admin'strafnre <br />Revenue° shall be defined as the sum of Mutual Fund <br />Admirristra5ve Fees, U"FA Program and Adminstative Fees, <br />Muhrel Fund Sub Transfer Agenry Fee, Outside tvlutual Fund <br />Sub Transfer Agerwy Fee, and Outside Muhl Fund <br />Admirrstr~afive Fees. <br />~.0 Self-Directed Bre <br />Account Option <br />The Plan Spor>9or desires to offer to ParticQahs in its Deietred <br />Compensation Plaq a self-erected investrnent am3ngement. <br />The Plan Sponsor's Investment Artangemerd with Hartford Life <br />provides for the offering of a Related Participant Directed <br />Account Option (as defined ~ the. lrnestinerrt Arrangement). <br />The Plan Sponsor and Hartford Life agree ttmt a Self-0itected <br />Brokerage Account in the arstody of Ghartas 5ct-wab & Co., Inc. <br />i; Scirwab~ constitutes a Rested Pattieant Directed Account <br />Option wittfin the mearRng of the Imrestrnent Arrangement <br />The.Plan Sponsor designates Irwestors Bank & Trust Comparry <br />io serve as trt>stee (°Tnstee~ in convection wjth the Self- <br />Dir~ted Brokerage Accounts established with Schwab. Schwab <br />will designate the Tnistee as the holder of legal title to the assess <br />of the Self-Directed Brokerage Accounts. <br />~i7 ASA - 01-03 <br />
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