07-A TML Intergovernmental Employee Benefits Pool

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~ shall change the purpose of the TML IEBP. The TML IEBP may employ and contract with a third party administrator. 6. The TML IEBP may purchase excess loss coverage or reinsurance as provided in Chapter 172, Local Government Code, and all Employer Members are subject to th~ terms and conditions of any such excess loss coverage or reinsurance agreement. 7. Each Employer Member will designate and appoint a person of department head rank or above to be the Employer Member's Coordinator with the TML IEBP and agrees that the TML IEBP shall not be required to contact or provide notices to any other person. Further, any notice to or agreement by an Employer Member's Coordinator with respect to services or claims hereunder shall be binding on the Employer Member. The Employer Member reserves the right to change the Coordinator from time to time by giving written notice to the TML IEBP. 8. The Employer Member hereby appoints the TML IEBP as its agent to act in all matters pertaining to the processing and handling of claims and agrees to cooperate fully and provide all information necessary. All decisions on individual claims shall be made by the TML IEBP. 9. The TML IEBP shall be audited annually by an independent certified public accountant, and the audit shall be filed as required by the laws of the State of Texas including, but not limited to Chapter 172 of the Local Government Code. A summary financial report will be provided to each Employer Member upon request. 10. All monies available for investment shall be invested by the TML IEBP in compliance with the Public Funds Investment Act of 1987 (TEX. GOV'T CODE. ANN. Sec. 2256.001, et seq.) or the Texas Trust Code (Subtitle B, Title 9, Property Code). II. Each Employer Member, as Plan Administrator, retains the right, duties and privileges of the Plan Administrator and acknowledges it has responsibility for compliance with the state and federal laws applicable to employee benefits. For purposes of delivery of any Continuation of Coverage notices, TML IEBP is not the Group Administrator for any Employer Member unless and until a separate contract for administration of Continuation of Coverage is entered into between the TML IEBP and that Employer Member. 12. The Employer Member agrees to indemnify and hold harmless the TML IEBP for all claims, damages and expenses, including but not limited to attorney's fees and costs of court, arising out of acts or omissions of officers or Employees of the Employer Member in connection with the Plan. The Employer Member agrees to pay all such claims, damages, and expenses out of current revenues at the time the obligation is determined. In the event current revenues are inadequate to fund the obligation at the time it is determined, the Employer Member agrees to take the appropriate budgetary action sufficient to pay the obligation. 13. The Employer Member agrees that all conditions of coverage for the benefits provided shall be as specified in the Plan booklet/document furnished to the Employer Member by the TML IEBP. The Employer Memqer agrees that the Employees and the Board of Trustees of the TML IEBP and individuals and entities with whom the TML IEBP contract for staff functions may receive Plan benefits. 14. Each Employer Member acknowledges that some Plan benefits are provided in accordance with Chapter 172 of the Local Government Code. These benefits are not insurance and the TML IEBP is not an insurer under the Insurance Code or other laws of the state. Interlocal Agreement (rev. 04/15/04)- Page 3