12-Resolution authorizing the execution of group benefits services interlocal gov. agreement with TML-IEBP

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the purpose of the TML lEBP. The TML IEBP maY ernploy and contract with a third party administrator. 6. T'he TML IEBP may purchase excess loss coverage or rcinsurance as providcd in Chapter 172, Local Government Code, and all Employer Members are subject to the terms and conditions of any such excess toss coverage or reinsurance abreement. E.ach Employer Member will designate and appoint a pcrson of department head rank or above to bc the Employer Mcmbcr's Coordinator with the "I :ML IFBP and agrees that thc 7'MI_ ILBP shall not be required to contact or provide notices to any other person. Further, any notice to or aereement by an Cmployer i"vfembers Coordinatur ►vitli respect to serviees ur claims hereunder shall be binding on the Emplo}'er Member. 7'he Employcr Member rescrves the right to change the Coordinator from time to time b}' giving tivritten notice to the TML IEBP. 8. The Employer Memben cereby appoints the TML 11:13P as its agent to act in all mattcrs pertaining to the processing und hundling of claims And abrees ta cooperate fully and provide all information necessary. All deeisions on individual claims shall be made by the TML IEBP or by its contracted third party administrator. 9. "fhe TML IEBP shall be audited annually by an independent certified public accountant, and the audit shall be liled as rcquired 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. Ali monies availablc for investment shall be invested by the TML IE[3P in compliancc with the Public Funds [nvestment Act of 1987 (Tl:x. Gov'T COl)t:. ANN. Sec. 2256.001, ct seq.) or the Texas Trust Code (Subtille B, Title 9, Property Code). H. Each Employer Mcmber, as Plan Administrator, retains the right, duties and privilegcs ofthe Plan Administrator and acknowledbes it has responsibility far 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 Covcrage is entered into bchvicen TML IEBP and that Cmployer Mcmber. 12. To the extent authorized by law, the Employer Membcr abrees to indemnify and hold harmless the TML IEBP for alt claims, damages and expenses, including but not limited lo attorney's fees and costs of court, arising out of acts or omissians o1' officers or Employees of the Employer Member in conncction with the Plan. The L'mploycr Mcmber agrees w pay all such claims, damages, and expenses out of current revenues at the time the obligation is determined. In the cvent current rcvcnues arc inadequate to fund the obligation at the timc it is dctennined, the Emplo}er Mcmbcr abrecs to take the appropriate budFetarv action sufficicnt to pay the obligation. 13. 'I'he Employer Membcr agrees that all conditions of covcragc f'or the benefits pravidcd shall be as specified in the Plan bookleddocument fiirnished to the Ernployer Member by the "I'ML IGI3P. The Employcr Membcr agrecs that the Employces and thc flaard of Trustees of thc 'fML tEI3P and individuals and entitics with whom the "I'ML IE131' contract for staff functions may receive Plan benefits. 14. Each Employer Memher acknowledges that some !'lan benetits are provided in accordance with Chapter 172 of the Local Government Codc. Tliese benefits are not insurance and the TML tEDP is not an insurer under the Insurance Code or othcr laws of the state. lnterlocal Agreement (rcv. 06/05109) - F'age 3 '"r