1992-0207_ICMA RETREMENT CORPATION_Administrative Services Agreement32400 PASEO ADELANTO
SAN JUAN CAPISTRANO, CA 92675
(949) 4931171
(949) 493-1053 FAX
www.sanjuancapistrano.org
August 3, 2004
ICRM
318 Oak Street
Syracuse, NY 13203
IR(O RIO IRTiO
� fS1R1IISRRO � 1961
1776
Re: Janet Matson
Verification of Work Product
To Whom it May Concern:
MEMBERS OF THE CITY COUNCIL
SAM ALLEVATO
DIANE L. BATHGATE
WYATT HART
JOE SOTO
DAVID M. SWERDLIN
Recently the City of San Juan Capistrano issued Request for Proposals for electronic document
imaging consultant services. Janet Matson was selected to perform these services based on the
combined qualities of expertise, proposed scope of services, references, and the fees.
A contract was signed on March 4, 2003 and work began immediately. Most of the work was
completed by December 2004, however, the final phase — development of a written electronic
document management plan was not finalized until April 2004. Delays were due to turnover of
key personnel within the City Clerk's office.
If you need additional information, please do not hesitate to call me.
Sincerely,
San Juan Capistrano: Preserving the Past to Enhance the Future
KB
RETIREMENT f C RETIREMENT
CORPORATION
ADMINISTRATIVE SERVICES AGREEMENT
Type: 457
Account Number: 3653
ICMA
Plan 4053 RF.TIRF.MENT
CORPORATION
ADMINISTRATIVE SERVICES AGREEMENT
This Agreement, made as of the - day of '1994---
(herein
994---(herein referred to as the "Inception Date"), between The International City Management
Association Retirement Corporation ("RC"), a nonprofit corporation organized and existing
under the laws of the State of Delaware; and the City of San Juan Capistrano
("Employer") a City organized and existing under the laws of the State of California with
an office at 32400 Paseo Adelanto, San Juan Capistrano, California 92675.
Recitals
Employer acts as a public plan sponsor for a retirement plan ('Plan") with
responsibility to obtain the best possible investment alternatives and services for
employees participating in that Plan;
The ICMA Retirement Trust (the "Trust") is a common law trust governed by
an elected Board of Trustees for the commingled investment of retirement funds held by
state and local governmental units for their employees;
RC acts as investment adviser to the Trust; RC has designed, and the Trust
offers, a series of separate funds for the investment of plan assets including a growth
stock fund, an S&P index fund, an asset allocation fund, a medium-term bond fund, and
an enhanced short-term bond fund. These funds, (collectively, the "Funds") are available
only to public employers and only through the Trust and RC.
In addition to serving as investment adviser to the Trust, RC provides a
complete offering of services to public employers for the operation of employee retirement
plans including, but not limited to, communications concerning investment alternatives,
account maintenance, account record-keeping, investment and tax reporting, form
processing, benefit disbursement and asset management.
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Agreements
1. Apoointment of RC
ICMA
Plan *53 RETIREMENT
CORPORATION
Employer hereby designates RC as Administrator of the Plan to perform all
non -discretionary functions necessary for the administration of the Plan with respect to
assets in the Plan deposited with the Trust. The functions to be performed by RC
include:
(a) allocation in accordance with participant direction of individual accounts
to investment Funds offered by the Trust;
(b) maintenance of individual accounts for participants reflecting amounts
deferred, income, gain, or loss credited, and amounts disbursed as benefits;
(c) provision of periodic reports to the Employer and participants of the
status of Plan investments and individual accounts;
(d) communication to participants of information regarding their rights and
elections under the Plan: and
(e) disbursement of benefits as agent for the Employer in accordance with
terms of the Plan.
2. Adoption of Trust
Employer has adopted the Declaration of Trust of the ICMA Retirement Trust
and agrees to the commingled investment of assets of the Plan within the Trust.
Employer agrees that operation of the Plan and investment, management and
disbursement of amounts deposited in the Trust shall be subject to the Declaration of
Trust, as it may be amended from time to time and shall also be subject to terms and
conditions set forth in disclosure documents (such as the Retirement Investment Guide
or Employer Bulletins) as those terms and conditions may be adjusted from time to time.
It is understood that the term "Employer Trust' as it is used in the Declaration of Trust
shall mean this Administrative Services Agreement.
3. Employer Duty to Furnish Information
Employer agrees to furnish to RC on a timely basis such information as is
necessary for RC to carry out its responsibilities as Administrator of the Plan, including
information needed to allocate individual participant accounts to Funds in the Trust, and
information as to the employment status of participants, and participant ages, addresses
and other identifying information (including tax identification numbers). RC shall be
entitled to rely upon the accuracy of any information that is furnished to it by a
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ICMA
• Plan .053 RETIREMENT
CORPORATION
responsible official of the Employer or any information relating to an individual participant
or beneficiary that is furnished by such participant or beneficiary, and RC shall not be
responsible for any error arising from its reliance on such information. If within ninety (90)
days after the mailing of any report, statement or accounting to the Employer or a
participant, the Employer or participant has not notified RC in writing of any error or
objection, such report, statement, or accounting shall be deemed to have been accepted
by the Employer and the participants.
4. Certain Representations, Warranties. and Covenants
RC represents and warrants to Employer that:
(a) RC is a non-profit corporation with full power and authority to enter into
this Agreement and to perform its obligations under this Agreement. The ability of RC
to serve as investment adviser to the Trust is dependent upon the continued willingness
of the Trust for RC to serve in that capacity.
(b) RC is an investment adviser registered as such with the Securities and
Exchange Commission under the Investment Advisers Act of 1940, as amended. ICMA-
RC Services, Inc. (a wholly owned subsidiary of RC) is registered as a broker-dealer with
the Securities and Exchange Commission (SEC) and is a member in good standing of
the National Association of Securities Dealers, Inc.
RC covenants with employer that:
(c) RC shall maintain and administer the Plan in compliance with the
requirements for eligible deferred compensation plans under Section 457 of the Internal
Revenue Code; provided, however, RC shall not be responsible for the eligible status of
the Plan in the event that the Employer directs RC to administer the Plan or disburse
assets in a manner inconsistent with the requirements of Section 457 or otherwise causes
the Plan not to be carried out in accordance with its terms; provided, further, that if the
plan document used by the Employer contains terms that differ from the terms of RC's
standardized plan document, RC shall not be responsible for the eligible status of the
Plan to the extent affected by the differing terms in the Employer's plan document.
Employer represents and warrants to RC that:
(d) Employer is organized in the form and manner recited in the opening
paragraph of this Agreement with full power and authority to enter into and perform its
obligations under this Agreement and to act for the Plan and participants in the manner
contemplated in this Agreement. Execution, delivery, and performance of this Agreement
will not conflict with any law, rule, regulation or contract by which the Employer is bound
or to which it is a party.
ICMA
• Plan A353 RETIREMENT
CORPORATION
5. Participation in Certain Proceedings
The Employer hereby authorizes RC to act as agent, to appear on its behalf,
and to join the Employer as a necessary party in all legal proceedings involving the
garnishment of benefits or the transfer of benefits pursuant to the divorce or separation
of participants in the Employer Plan. The Employer consents to the disbursement by RC
of benefits that have been garnished or transferred to a former spouse, spouse or child
pursuant to a domestic relations order.
6. Compensation and Pavment
(a) Plan Administration Fee. The amount to be paid for plan administration
services under this Agreement shall be 0.9% per annum of the amount of Plan assets
invested in the Trust. Such fee shall be computed and paid at the end of each month
on plan assets in the Trust at that time.
(b) Account Maintenance Fee. There shall be an annual account
maintenance fee of $50.00. The account maintenance fee is payable in full on January
1 of each year on each account in existence on that date. For accounts established after
January 1, the fee is payable on the first day of the calendar quarter following
establishment and is prorated by reference to the number of calendar quarters remaining
on the day of payment.
(c) Annual Employer Fee. There shall be an annual Employer fee of $0.00.
The initial annual Employer fee is payable in full upon establishment of the Employer
account, and thereafter shall be payable in full on January 1 of each succeeding year.
(d) Compensation for Advisory Services to the Trust. Employer
acknowledges that in addition to amounts payable under this Agreement, RC receives
fees from the Trust for investment advisory services furnished to the Trust.
(e) Payment Procedures. (i) All payments to RC pursuant to Section 6(a)
and (b) shall be paid out of the Plan Assets held by the Trust and shall be paid by the
Trust. The amount of Plan Assets held in the Trust shall be adjusted by the Trust as
required to reflect such payments. (ii) All payments to RC pursuant to Section 6(c) shall
be paid directly by Employer, and shall not be deducted from Plan Assets held by the
Trust.
7. Custody
Employer understands that amounts invested in the Trust are to be remitted
directly to the Trust in accordance with instructions provided to Employer by RC and are
not to be remitted to RC. In the event that any check or wire transfer is incorrectly
labelled or transferred to RC, RC is authorized, acting on behalf of the transferor, to
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ICMA
• Plan 53 RETIREMENT
CORPORATION
transfer such check or wire transfer to the Trust.
8. Responsibility
RC shall not be responsible for any acts or omissions of any person other
than RC in connection with the administration or operation of the Plan.
9. Term
This Agreement may be terminated without penalty by either party on sixty
days advance notice in writing to the other.
10. Amendments and Adiustments
(a) This Agreement may not be amended except by written instrument
signed by the parties.
(b) The parties agree that compensation for services under this Agreement
and administrative and operational arrangements may be adjusted as follows:
RC may propose an adjustment by written notice to the Employer given at
least 60 days before the effective date of the adjustment and the notice may appear in
disclosure documents such as Employer Bulletins and the Retirement Investment Guide.
Such adjustment shall become effective unless, within the 60 day period before the
effective date the Employer notifies RC in writing that it does not accept such adjustment,
in which event RC shall be under no obligation to provide services under this Agreement.
(c) No failure to exercise and no delay in exercising any right, remedy,
power or privilege hereunder shall operate as a waiver of such right, remedy, power or
privilege.
11. Notices
All notices required to be delivered under this Agreement shall be delivered
personally or by registered or certified mail, postage prepaid, return receipt requested,
to (i) RC at 777 North Capitol Street, N.E., Suite 600, Washington, D.C, 20002-4240; (ii)
Employer at the office set forth in the first paragraph hereof, or to any other address
designated by the party to receive the same by written notice similarly given.
12. Complete Agreement
This Agreement shall constitute the sole agreement between RC and
Employer relating to the object of this Agreement and correctly sets forth the complete
rights, duties and obligations of each party to the other as of its date. Any prior
ICMA
• Plan 4*553 RETIREMENT
CORPORATION
agreements, promises, negotiations or representations, verbal or otherwise, not expressly
set forth in this Agreement are of no force and effect.
13. Governing Law
This agreement shall be governed by and construed in accordance with the
laws of the State of California applicable to contracts made in that jurisdiction without
reference to its conflicts of laws provisions.
In Witness Whereof, the parties hereto have executed this Agreement as of
the Inception Date first above written.
CITY F SAN JUAN CAPISTRANO
by:
Signature/Date Ll2/07/92
David P. Bentz
Director of Administrative Services
Name and Title (Please Print)
INTERNATIONAL CITY MANAGEMENT
ASSOCIATION RETIREMENT
OR'P,ORATIONNqrsl� pL*
Stephen Wm. Nordholt/Date
Corporate Secretary
7-
#MA
RETIREMENT
CORPORATION
Management Assistant
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Section 457/PTS Deferred Compensation Plan
Dear Ms. Waimrim:
Thank you for returning the signed Administrative Services Agreement. Enclosed is a
counterexecuted copy for your files.
Should you have any questions or concerns, please do not hesitate to call either your marketing
representative, Ms. Penny Abbott at (310) 433-1000, or me at (202) %2-4644.
Sincerely,
Manuel J. Sanches
Manager
Business Development
Enclosures
cC: Ms. Harriet Jacobs
Director of Marketing
Ms. Penny Abbott
Marketing Representative
ICMA-RC Services, Inc.
Member NASD and SIPC, is a wholly owned broker-dealer subsidiary of the ICMA Retirement Corporation
4
Corporate Headquarters
Suite 600
February 18, 1992
777 North Capitol Street, NE
Washington, DC 20002-4240
(202) 962-4600
Ms. Sylvia Wain iim
Ton -Free (900) 669-7400
Management Assistant
City of San Juan Capistrano
32400 Paseo Adelanto
San Juan Capistrano, CA 92675
Re: Section 457/PTS Deferred Compensation Plan
Dear Ms. Waimrim:
Thank you for returning the signed Administrative Services Agreement. Enclosed is a
counterexecuted copy for your files.
Should you have any questions or concerns, please do not hesitate to call either your marketing
representative, Ms. Penny Abbott at (310) 433-1000, or me at (202) %2-4644.
Sincerely,
Manuel J. Sanches
Manager
Business Development
Enclosures
cC: Ms. Harriet Jacobs
Director of Marketing
Ms. Penny Abbott
Marketing Representative
ICMA-RC Services, Inc.
Member NASD and SIPC, is a wholly owned broker-dealer subsidiary of the ICMA Retirement Corporation
4