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LOSS CONTROL CONTRACT FOR SERVICES 

 

RISK CONTROL ADVISOR EMPLOYEE AGREEMENT
 
  1. EMPLOYEE STATUS
     
  2. POSITION DUTIES AND RESPONSIBILITIES
     
  3. RECRUITMENT
     
  4. EMPLOYEE SELECTION
     
  5. AVAILABILITY FOR USE BY OTHER CLIENTS
     
  6. COMPENSATION
     
  7. TERM
     
  8. CANCELLATION
     
  9. HOLD HARMLESS

      
 
   
 

RISK CONTROL ADVISOR EMPLOYEE AGREEMENT
   
 

This agreement, made and entered into effective June 30, 1995, between CALIFORNIA SANITATION RISK MANAGEMENT AUTHORITY, hereinafter referred to as "CSRMA," and DRIVER RISK SERVICES, hereinafter referred to as "DRIVER"
   
 

WITNESSETH
   
 

WHEREAS, CSRMA desires the services of a fulltime Risk Control Advisor, and  

WHEREAS, CSRMA has no permanent staff and employees, and 

WHEREAS, Driver Risk Services, as CSRMA's Program Director, has offered to provide a dedicated Risk Control Advisor to CSRMA on a contract basis, 

NOW THEREFORE, the parties hereto, for and in consideration of the promises and covenants hereinafter contained do agree as follows:
 

 

 

A.  EMPLOYEE STATUS
   
 
  1. The individual filling the position of Risk Control Advisor shall be considered an employee of Driver Risk Services.
     
  2. The employee shall be dedicated to CSRMA, except as provided for in provisions of this contract
     
  3. Supervision of the employee shall be performed by personnel of the Public Entity Group and Association Division of RF Driver
     
  4. All hiring, firing and disciplinary control of the employee shall be under the sole control of Driver Risk Services in accordance with Driver Risk Services standards. 
     
  5. The employee shall execute a disclaimer acknowledging that he/she is not an employee of CSRMA and has no claims against CSRMA for compensation or employment benefits.
     
  6. Driver may terminate the employee at any time. CSRMA shall be promptly notified of any such action. Driver shall exert its best effort to replace the employee. 
     
 

 

 

B. POSITION DUTIES AND RESPONSIBILITIES 
   
 
  1. The duties and responsibilities of the Risk Control Advisor shall be those mutually agreed upon by both parties and included in the job description attached as Exhibit A to this agreement.  
 

 

 

C. RECRUITMENT
   
 
  1. Recruitment shall be the responsibility of Driver.
     
  2. CSRMA Program Director staff and Driver Human Resources department shall seek out potential candidates for the position to the best of their ability.
 

 

 

D. EMPLOYEE SELECTION 
   
 
  1. Responsibility for selection of the individual to fill the position shall be that of Driver with the approval of CSRMA through the Executive Board. 
 

 

 

E. AVAILABILITY FOR USE BY OTHER CLIENTS
   
 
  1. Should it be determined by CSRMA that the employee has available time over and above that needed and required by CSRMA, Driver shall have the right to assign the employee to other Driver clients. R.F. Driver shall have no obligation to exercise this right, nor shall CSRMA have the right to offer the employee's services to any other party other than Driver
     
  2. Should Driver exercise its right to utilize the employee for other clients, Driver shall establish an account time tracking plan for the employee which clearly documents the time and expense generated from such an assignment. 
     
  3. The fees charged to Driver' clients under this provision shall be at an hourly rate determined annually by Driver and CSRMA
     
  4. All revenue generated from the employee's assignment to other Driver clients under this provision shall be paid directly to CSRMA by the Driver client and credited to the appropriate CSRMA account as an offset to that budget item
 

 

 

F. COMPENSATION
   
 
  1. CSRMA shall compensate Driver for all direct and indirect actual costs of the employee. CSRMA shall be provided with monthly billings documenting the actual costs of the employee. Payment shall be due within 30 days from date of invoice. 
     
  2. Reimbursement to Driver shall be based on the actual costs as projected in Exhibit B affixed to this agreement and as adjusted each January. These costs shall not exceed 5% increase over the prior year
     
  3. Driver shall receive no profit from this dedicated employee arrangement
 

 

 

G. TERM 
   
 
  1. This agreement shall commence effective on the date exercised by both parties and terminate June 30, 1998, or until such time as this agreement is cancelled by the provision in this agreement
 

 

 

H. CANCELLATION 
   
 
  1. CSRMA may cancel this agreement prior to its expiration by providing six months written notice to Driver
     
  2. This contract may be cancelled by either party for nonperformance at anytime. Such cancellation must be based on documented performance issues so stated in a written notice delivered to the other party to this agreement. CSRMA shall be responsible for half of the "Base Costs," as defined in Exhibit B, from the date of notice through December 31, of the calendar year in which notice is given
     
  3. Driver may cancel this agreement prior to its expiration by providing six months written notice to CSRMA. 
     
  4. In the event the Brokerage, Risk Management and Program Administration Contract is terminated, in accordance with the Termination of Contract provisions, this contract will also be cancelled
 

 

 

I. HOLD HARMLESS 
   
 

Driver agrees to defend, indemnify and hold harmless CSRMA, its officers, directors, agents, employees and Member Agencies from any and all claims, damages, liability and expenses, including attorney's fees, for any loss or injury of any kind or character to any person or property caused by or arising from any act or omission or neglect of Driver, its officers, agents or employees

CSRMA agrees to defend, indemnify and hold harmless Driver, its officers, agents and employees from any and all claims, damages, liability and expenses, including attorney's fees, for any loss or injury of any kind or character to any person or property caused by or arising from any act or omission or neglect of CSRMA, its officers, directors, agents or employees

Driver shall provide CSRMA with evidence of insurance in forms, coverages and amounts acceptable to CSRMA which insurance shall be applicable to the matters referred to in this paragraph.
   
 

IN WITNESS WHEREOF, Driver has caused this contract to be executed by its duly authorized officer, and CSRMA has caused this same to be executed by its President, all as of the day and year first above written.

 

    ROBERT F. DRIVER INC.


    By _________________________________ Title ________________________________


    Date _______________________________


    CALIFORNIA SANITATION RISK MANAGEMENT AUTHORITY


    By _________________________________ Title ________________________________


    Date _______________________________


    Approved As To Format:


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