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1 General Manager or its duly constituted committees. <br />3 5.0. DEFENSE ATTORNEYS AND FEES. <br />4 <br />5 5.1. The MEMBER shall use qualified defense attorneys experienced in litigating the <br />6 of CLAIM at issue. <br />8 5.2. BICEP retains the right to associate its attorneys with the MEMBER'S attorneys in the <br />9 defense of any case that the BICEP Board of Directors determines has DAMAGES exposes <br />10 that will likely exceed the MEMBER'S SELF-INSURED RETENTION. This right of <br />11 association extends to petitions for relief from the claim filing requirements. <br />12 <br />13 5.3. The MEMBER shall contract to pay outside defense attorneys a reasonable rate forth <br />14 type of CLAIM at issue, not to exceed $250 an hour, unless the BICEP Board of Directors <br />15 authorizes a higher rate which determination shall consider the usual, customary and <br />16 reasonable rate for the complexity of the CLAIM at issue. <br />17 <br />18 5.4. If the MEMBER elects to defend a CLAIM through its City Attorney Office, BICEP <br />19 will credit $150 an hour or the MEMBER'S actual cost (as demonstrated by the MEMBER; <br />20 whichever is greater, as DEFENSE COSTS for services in defense of a CLAIM. The City <br />21 Attorney Office shall maintain hourly time records. <br />22 <br />23 5.5. The BICEP Board of Directors may periodically revise the rates in sections 5.3 and 5. <br />24 to reflect prevailing attorney hourly rates. <br />25 <br />26 5.6. The MEMBER may select, subject to BICEP's approval, an alternative method of <br />27 accounting for DEFENSE COSTS, such as the resource allocation method. <br />28 <br />29 6.0. NOTICE OF CLAIMS AND OCCURRENCES. <br />30 <br />31 6.1 As soon as practicable, the MEMBER shall provide BICEP with written notice of any <br />32 CLAIM or OCCURRENCE that the BICEP MEMORANDUM covers or potentially cover; <br />33 if: <br />34 <br />35 a. The MEMBER reserves the CLAIM or OCCURRENCE in an amount at least <br />36 equal to 50% of the MEMBER's SELF-INSURED RETENTION or $500,000, <br />37 whichever is less; <br />38 <br />39 b. The CLAIM or OCCURRENCE has a potential DAMAGES exposure at least <br />40 equal to 50% of the MEMBER'S SELF-INSURED RETENTION or $500,000, <br />41 whichever is less; <br />42 <br />43 c. The CLAIM or OCCURRENCE involves paralysis, brain damage, <br />44 dismemberment, or death; or <br />45 <br />46 d. A single OCCURRENCE results in two or more CLAIMS that, in the aggregate, <br />47 are reserved at, or have a potential DAMAGES exposure at least equal to 50% of the <br />48 MEMBER'S SELF-INSURED RETENTION or $500,000, whichever is less. <br />49 <br />03-OS-Ob 16 <br />