2000-030-RES AUTHORIZING THE EXECUTION OF INTERLOCAL AGREEMENT
RESOLUTION NO. 2000-030
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, AUTHORIZING THE EXECUTION OF AN INTERLOCAL
AGREEMENT WITH THE TEXAS MUNICIPAL LEAGUE
INTERGOVERNMENTAL EMPLOYEE BENEFITS POOL (TML-IEBP)
AND THE CONSENT TO ASSIGNMENT FORM; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Texas Municipal League Group Benefits Risk Pool (TML-GBRP) was
formed on May 1, 1979, to ensure that political subdivisions had access to employee benefits and to
assure that there would be competition in the price of employee benefits; and,
WHEREAS, the T ML-GBRP was formed as an employee benefit welfare trust that expires
in twenty-one (21) years, or on May 11, 2000, and the 1979 Trust allows the TML-GBRP Trustees
to transfer all assets to another trust established for substantially similar purposes; and,
WHEREAS, on September 17, 1999, the TML Intergovernmental Employee Benefits Pool
(TML-IEBP) was formed; and,
WHEREAS, the TML- IEBP will operate under Chapter 172 ofthe Local Government Code,
the Interlocal Cooperation Act (Chapter 791 ofthe Government Code), and have substantially similar
purposes as the TML-GBRP, and the original Trustees and officers of the TML-IEBP are the same
as the current TML-GBRP Trustees and officers, and the Polices and Procedures will be the same;
and,
WHEREAS, on January 28,2000, the TML-GBRP Board of Trustees voted to transfer all
assets and liabilities to the TML- IEBP on April 1, 2000, and to terminate the TML-GBRP Trust on
the same date; and,
WHEREAS, also on January 28,2000, the TML-IEBP Board of Trustees voted to accept
the transfer of all TML-GBRP assets and to assume responsibility for all TML-GBRP liabilities as
of April 1, 2000; and,
WHEREAS, other than the requirement of having the City Council adopt and execute the
Interlocal Agreement with the TML-IEBP, a copy of which is attached hereto as Exhibit A, the
change will be almost transparent for Members; and,
WHEREAS, the Administrative Services Agreement and any other service agreements (e.g.
COC Administration, Flexible Spending Account Administration, or Retiree Direct Billing) will be
assigned to the TML-IEBP by adoption and execution of the Consent To Assignment Agreement,
a copy of which is attached hereto as Exhibit B; and,
WHEREAS, the forms ofthe Intergovernmental Employee Benefits Pool (TML- IEBP) and
the Consent to Assignment Form, attached hereto as Exhibits A and B, respectively, be, in all
things approved, and that the Mayor, Charles H Neeley, be authorized to execute the same; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the forms of the Interlocal Agreement with the Texas Municipal League
Intergovernmental Employee Benefits Pool (TML-IEBP) and the Consent to Assignment Form,
attached hereto as Exhibits A and B, respectively, be, and the same are hereby, approved.
Section 3. That the Mayor, Charles H. Neeley, be, and he is hereby, authorized and
directed to execute, on behalf of the City of Paris, the Interlocal Agreement with the Texas
Municipal League Intergovernmental Employee Benefits Pool (TML-IEBP) and the Consent to
Assignment Form, under the terms and conditions and in forms shown in Exhibits A and B,
respectively, attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
PASSED AND APPROVED this 13th day of March, 2000.
~I
CLo:l
Charles H. Neeley, Mayor
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
TML
INTERGOVERNMENTAL EMPLOYEE
BENEFITS RISK POOL
IITML
Intergovernmental
Employee Benefits
Pool
INT'E1UOC:AL
5t{j'R'E'E.1V-l'ENT
NON-RISK PARTICIPATING MEMBER
EXHIBIT A.
.
TML Intergovernmental Employee Benefits Pool
Austin, Texas
INTERLOCAL AGREEMENT
(NON-RISK PARTICIPATING MEMBER)
WHEREAS, the TML Intergovernmental Employee Benefits Pool, hereinafter referred to as TML-IEBP,
is a legal entity created by political subdivisions of the state and governed by trustees, and is the
successor of the Texas Municipal League Group Benefits Risk Pool formerly operating under the name
of the Texas Municipal League Insurance Trust Fund, which was established May I, 1979; and
WHEREAS, the undersigned Employer Member represents that it is a political subdivision of the state
and that its board and governing body has acted by majority vote, at a duly called and posted public
meeting, to authorize and participate in this Interlocal Agreement; and
WHEREAS, the undersigned political subdivision has examined all the facts and issues it deems relevant
and determined that it is in the best interest of the political subdivision, its employees, officials, and
retirees and their dependents to enter into this agreement and obtain the services provided by the TML-
IEBP in connection with one or more life, sick, accident and other health benefits provided to its
employees, officials, and retirees and their dependents by becoming a member of the TML-IEBP;
WHEREAS, the TML-IEBP represents that it is a "local government" qualified to enter into this
Interlocal Agreement pursuant to Chapter 791 of the Texas Government Code;
NOW, THEREFORE, in consideration of the covenants and agreements herein set forth, the undersigned
political subdivision, together with other political subdivisions executing identical or substantially
similar Interlocal Agreements, enters into this agreement for the purpose of obtaining services for the
administration of one or more life, sick, accident and other health benefits provided by the political
subdivision. The services will be provided under the authority of the laws of the State of Texas including
the Interlocal Cooperation Act (Chapter 791, Government Code). The Employer Member hereby
designates the TML-IEBP as its instrumentality to administer the business and supervise the performance
of the Interlocal Agreement. The conditions of membership in the TML-IEBP are agreed upon by and
between the parties as set forth hereinafter.
I.
When used in this Interlocal Agreement, the capitalized terms shall have the meanings specified
in this paragraph unless the context clearly requires otherwise:
"Board of Trustees" or "Board" or "Trustees" means the trustees selected pursuant to the Trust
Agreement Establishing the TML Intergovernmental Employee Benefits Pool to supervise the
operation of the TML-IEBP.
"Employer Membcr" means a political subdivision entering into this Interlocal Agreement.
"Plan" or "Plans" mean the health benefit plan(s) established and provided by the Employer
Member.
"Political subdivision" means any legal entity included within the definition of political
subdivision in Chapter 791, Government Code.
"TML-IEBP" means the TML Intergovernmental Employee Benefits Pool.
The Employer Member agrees to be bound by this Interlocal Agreement and the Trust
Agreement Establishing the TML Intergovernmental Employee Benefits Pool, and the policies
and procedures establishcd by the TML-IEBP which collectively establish the conditions for
membership in the TML-IEBP.
2.
Inlcrlocal Agreement ASO (rev. 10/01/99) rage 1
3.
TML-IEBP and the Employer Member will comply in all respects with their respective
obligations under the Group Benefits Services Agreement which IS affixed hereto and
incorporated for all purposes as if fully set out herein. The payments required to be made by the
Employer Member under the terms of the Group Benefits Services Agreement shall be made at
Austin, Travis County, Texas on the dates and in the amounts as the TML-IEBP requires for
providing services. Interest, beginning the first day after the due date and continuing until paid,
shall accrue at the maximum rate allowed by law on the balance of any payment or contribution
not paid when due. All such payments and interest shall be paid from then current revenues.
.'
4. Except as may be otherwise specified in the TML-IEBP Trust Agreement Establishing the TML
Intergovernmental Employee Benefits Pool, this agreement may be terminated by either the
Employer Member or the TML-IEBP in accordance with the terms of the attached Group
Benefits Services Agreement.
5. The Employer Member shall furnish all the information the TML-IEBP deems necessary and
useful for the purposes of this agreement and shall abide by the rules and regulations adopted for
the administration of the benefits plan. The TML-IEBP may amend its rules and regulations at
the time of annual renewal of this agreement and its Trust Agreement Establishing the TML
Intergovernmental Employee Benefits Pool at anytime to the extent it deems advisable except
that no amendment shall change the purpose of the TML-IEBP.
6. Each Employer Member will designate and appoint a coordinator of department head rank or
above 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.
7. 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.
8. 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 employees benefits.
9. 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.
10. The Employer Member and the TML-IEBP may contract for additional administrative services
related to the Employer Member's employee benefit programs.
II. No bond is required of the Board of Trustees of the TML-IEBP.
Intcrlocal Agreement ASO (rev. 10/01/99) Page 2
12. If any part of this agreement, save and except paragraph 3, is declared invalid, void or
unenforceable, the remaining parts and provisions shall continue in full force and effect. It .is
further agreed that venue for any dispute arising under the terms of this' agreement shall be in
Austin, Travis County, Texas.
13. This agreement with attachment represents the complete understanding of the TML-IEBP and
the Employer Member and may not be amended, modified or altered without the written
agreement of both parties.
14. The term of this Interlocal Agreement shall be concurrent with that of the Group Benefits
Services Agreement which is affixed hereto. Absent notice of termination, the Employer
Member may annually renew and extend this Agreement by executing and returning the Group
Benefits Services Agreement.
This agreement is entered into for the Employer Member under authorization of
City of Paris, Paris, Texas
(EMPLOYER MEMBER)
at a duly called meeting held on March 13 , 2000
(Date of Meeting)
By Charles H. Neeley
(SIGNATURE) (Printed or Typed Name)
Authorized Official Title Mayor of the Citv of Paris. Pari!=;. Tex;)~
Date March 11. 7000
ATTEST: APPROVED AS TO FORM:
Mattie Cunningham, City Clerk Larry W. Schenk
This Agreement entered into and Appointment Accepted By: City Attorney
The TML Intergovernmental Employee Benefits Pool at Austin, Texas
By
Date
Interlocal Agreement ASQ (rev.IO/OI/99) Page 3
~
TO BE COMPLETED BY EMPLOYER MEMBER:
EMPLOYER MEMBER BENEFITS COORDINATOR
Name W. E. Anderson
Title Personnel Director
Mailing Address P. O. Box 9037
Street Address (if different from above)
11~ lJ::.'t ~tyPPt' ~ F.
City/State/Zip Paris. Texas 7~461-9017
Phone 903-784-9241
Fax 903-785-8519
E-mail
Inlcrlocal Agreement ASQ (rev, 1 0/01/99) Page 4
CONSENT TO ASSIGNMENT
City of Paris consents to the assignment to the TML Intergovernmental
Employee Benefits Pool of the rights and responsibilities of the Texas Municipal League
Group Benefits Risk Pool under the following contracts and agreements entered into
between the Texas Municipal League Group Benefits Risk Pool and City of Paris.
~ Administrative Services Agreement
~ Continuation of Coverage Administration
~ Retiree Direct Billing
City of Paris agrees to honor its obligations under the contract and to treat the
TML Intergovernmental Employee Benefits Pool in all respects as though it were the
original contracting party.
This Assignment was approved by the City of Paris governing body at a duly
called meeting held on
11th
day of March
,2000.
For the City of Paris
Signature
Charles H. Neeley
Typed Name
Mavor of the City of Paris, Paris, Texas
Title
EXHIBIT B