2010-011 RES AUTHORIZING INTERLOCAL AGREEMENT WITH TML-IEBP FOR TERM LIFE INSURANCE, MEDICAL, VISION, DENTAL, LIFE AND DISABILITY COVERAGE

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the purpose of the T.'v1L IEBP. The Ty1L IEBP maN ernploy and contract with a third party administrator. The TML IEBP may purchase escess 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 eacess loss coverage or reinsurance agrecrnent. Each Employer Member will designate and appoint a pcrson of department head rank or above to be the L-mployer Alembcr's Coordinator with the 7-ML IF-.BP and agrees that thc 'l'N1L fEBP shall not be required to contact or provide notices to anv other person. Funher, am- notice to or agreement by an Gmployer Nefembers Coordinator with respect to services or claims hereunder shall be binding on the Employer Member. The Employcr Member reserves the right to change the Coordinator from time ro time b}• giving written notice to the TML (EBP. 8. The Employer Membcn cereby appoints the TML 1l:DP as its agent to act in a11 mattcrs pertaining to the processing and handling of claims nnd agrees to cooperate fully and provide all information necessary. All decisioris on individual claims shAll be made by the TML IEBP or by its contracted third parry administrator. 9. "fhe ?ML IEBP shall be audited annually by an independent certified public accountant, and the audit shall be filed as rcquired by the laws of the State of Teras including, but not limited to Chapter 172 of the Local Government Code. A summary financial report will be pravided to each Empioycr Member upon request. 10. All monies availablc for investment shal) be investcd by the TML IE[3P in compliancc with thc Public Funds Investment Act of 1987 (Rx. Gov''t' Cout:. ANN. Sec. 2256.001, cl seq.) or the Texas Trust Code (Subtitle B. Title 9, Property Code). H. Each Employer Mcmber, as Plan Administrator, rctains thc riglu, duties and privileges of thc 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 IEB!' is not thc Group Administrator for any Employer Member unless and until a separate contract for administration of Continuation of Coverage is entered into bchveen TML IEBP and that Employer Member. 12. To the extent authorized by la.v, the Employer Membcr nbrees 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, arisinb out of acts or omissions of officers or Employees of tlle Employer Member in conncction with the Plan. The Lmploycr Member agrees w pay all such claims, damages, and expenses out of current revenues at the time the obligation is deterrnined. In the cvent current revcnues arc inadequate to fund thc obligation at the timc it is dctcnnined, the Employer Member agrccs to take the appropriate budeetan action sufficicnt to pay the obligation. 13. 'Che Employer Vlembcr agrees that all conditions of c;overage for the beneCts providcd shall be as specifed in the Plan booklcUdocument fiirnishcd to the Ernployer ~Membcr b), thc "rML ICBP. The Employer Member agrees that the Emplo}'ees and the Board of Trustees of thc "CML tEI3P and individuats and entities mrith whom the 'I'ML IEf3!' contract for staff' functions may receive Plan benefits. 14. Gach Employer Member acknowledges that some I'lan benefits are provided in accordanee with Chapter 172 of the Locai Government Code. Tliese benefits are not insurance and the TML lEE3P is not an insurer under the Insurance Code or othcr laws of the state. lnterlocal Agreement (rcv. 06/05/09) - Page 3