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12-Resolution authorizing the execution of group benefits services interlocal gov. agreement with TML-IEBPCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originaring Department: Presented By: A.genda Item No.: O1/14/10 Council Date: Finance Gene Anderson 12. O1/25/10 RECOMMENDED MOTION: Move to approve a resolution authorizing the execution of group benefits services interlocal agreement with Texas Municipal League Intergovernmental Employee Benefits and authorizing the City Manager to negotiate and execute all necessary documents. POLICY ISSUE(S): Employee benefits. BACKGROUND: In November 2009 the City of Paris received proposals through a third party consultant for medical, vision, dental, life, and disability coverage for its active and retired employees. The end result of this process was that these benefits would be provided through the Texas Municipal League Intergovernmental Employee Benefits Pool. The proposed interlocal agreement formalizes this arrangement and is the same type of agreement that we have had with TML in the past. BOARD/COMMISSION RECOMMENDATION: EXHIBITS: Resolution and Interlocal Agreement ACTION: BUDGET INFO: Z Financial Report Z Minute Order Expense $N/A ❑ Department Report ❑ Resolution Budgeted Amt. $N/A ❑ Presentation ❑ Ordinance y'I'D Actual $N/A ❑ Public Hearing ❑ Other Acct. Name N/A Acct. Number N/A FISCAL NOTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk ❑ Community Development ❑ EMS/IT Z Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 ~G0 7 u DRAFT attorney\reswork\current\TML-IEBP Interlocal Agreement Res 2010 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL EMPLOYEE BENEFITS POOL (TML-IEBP) FOR TERM LIFE INSURANCE, MEDICAL, VISION, DENTAL, LIFE, AND DISABILITY COVERAGE FOR ITS ACTIVE AND RETIRED EMPLOYEES; MAKING OTHER FINDINGS AND PROVISIOIVS RELATED TO THE SUBJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in November, 2009 the City of Paris received proposals through a third party consultant for term life insurance, medical, vision, dental, and disability coverage for its active and retired employees (hereinafter collectively referred to as "Group Benefits"); and, WHEREAS, the end result of this process was that these Group Benefits would be provided through the Texas Municipal League Intergovernmental Employee Benefits Pool and the City Council should authorize the execution of an Interlocal Agreement with TML-IEBP for Group Benefits; and, WHEREAS, it is deemed appropriate that a new interlocal agreement with Texas Municipal League in the form attached hereto as Exhibit "A" be approved and the City Manager be authorized to execute same on behalf of the City of Paris, Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 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 City Manager 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) for Group Benefits, under the terms and conditions and in substantially the form shown in Exhibit A, attached hereto, and any and all other documents as may be necessary. Section 3. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 25th day of January, 2010. Jesse James Freelen, Mayor ~ HT1017/ ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Kent Mcilyar, City Attorney t5 ~ ~e C o 7 Interlocal Agreement ~ ~IV ~ Risk Participating Member (Pool) EXHIBIT A- Revised July 2009 r. Pi 7J) v ~~v Ji ~ears of 5e~ ° TML Intergovernmental Employee l3enefits Pool Austin. Texas INTERLOCAL AGREEMENT (R[SK PARTICIPATING MEMBL'R) . WHEREAS, the TML Intergovern mental Employee Benetits Pool, hereinafter rcferred 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 fonnerly operating under the name of the Texas Manicipal League lnsurance Trust Fund, which %vas established May I, 1979: and WHEREAS, the undersibned Employer Member represcnts that it is a I'olitical Subdivision of this state or of unother state, that it is a"Local GovernmenP' qualified to cntcr into ttlis lnterlocal Agreement, and that its governing bady has acted by majoriry vote, at a duly called and posted public rneeting, to authorize and participate in this lnterlocal Agreement; and WHERFAS, the undersigned Political Subdivision has examincd all thc facts and issucs it dcems rclevanr and detennined that it is in the best interest of the Political Subdivision, its Employees, ofticials, and rctirccs and tlieir depcndents to cntcr into this ]nterlocal Agreemcnt and to obtain onc or more life, sick, accident, and other health benefits, as well as the related services, by becominb a member of the TML IEBP; WHEREAS, the TML IEBP represents that it is a"Local Governmenr' qualified to enter into this lnterlocal Agreement pursuant to Chapter 791 of the Texas Govcrnment 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 Agrcements, enters into this lnterlocal Agreement for the purpose of providing certain benefits and relatcd services for their Employees, officials, and retirees and their depcndents. The benefits will be provided under the authoriry of ihe laws of the State of 7'exas including the Texas Political Subdivision Uniform Group I3enefits Program (Chapter 172, Local Government Code), the lnterlocal Cooperation Act (Chapter 791, Government Code) and the Texas 'frust Cade (Title 9, Subtitle B, 7'exas Property Code). 7'hc Employer Member hereby designatcs ihc TML IE[3P as its instrumentaliry to administer the business and supervise the per!'ormance of the lnterlocal Agreement and the operation of the risk pool. /111 money transferred by the L`•mployer Member to the 'fML IEl3P under this lnterlocal Agreemcnt, togetlier with any other properiy which may become subject to tliis lnterlocal Agreement, will be held in trust by thc I3oard of Trustees of the TML IEBP for thc bene(it of thc Cmployccs, officials, and retirecs and thcir dcpcndcnts, of thc Employer Members. The conditions of'rnernbcrship in thc 'I'ML fEBP are agrced upan by and between the parties as set forth hereinaFter. f. When used in this lnterlocal Agreemetu, the capitalized tcrnis shall have the meanings specified in this paragraph unless the cnntext clearly requires othenvisc: "E3oard of 'fnistccs" or "f3oard" or "Trustees" means the tnistees selcrted pursuant to the Trust Abrccment l:stablishing the TML Intergovernmental Ernploycc I3cncfits Pool to supcn•ise the opcration of thc TML IEBP. "Covcred Participant" means a person who is eligible for covcrage ancf who fias cnrollcd in a ('lan. "Employec" means a person «fio works at least 20 hours awcck for a Political Subdivision. lnterlocal Agreement (rcv. 06/05/09) - Page 1 ~"C~0080 "Employer ,Nember" means a Political Subdivision member of the "fML IEBP that has esecuted the Interlocal Agreement. "Interlocal Agreemenr' means the T'A1L lntergovernmcntal Employec Bcncfits Pool Risk Aarticipating Memher Interlocal Agreement. "Plan" or "Plans" mean the TA4L IEBP bene(it plan(s) sclected and adoptcd by the Employer Mcmber. "Political Subdivision" means any legal entiry included within the defjnition of "political subdivision" in Chapter 172. Local Government Code, or Chapter 791. Govcrnment Code, or othenvise qualified as a political subdivision under Texas I.aw. "Schedule of [3enefits" means the document outlining the Plan benefits and cantribution ievel of the Employer Member. "'1'ML IEBP" means the TML )ntergovemmenta! Employec 13cnefits Pool. 2. 'fhc Employer Membcr agrees to be bowid by this lnterlocal Agrecmcnt, the Tnist Agreement Establishing the TML tntergovernmental Employee BeneCts Pool and all amendments thereto, and ihe Policies and Procedures established by the TMI_ IEBP whicli collcctively establish the conditions for membership in the TML IEBP. The Employer Member will adopt one or more of the TML IEBP Plans and make the payments and contributions set forth in the Schedule of Benefits. The paymeiits required to be made by the Employer Member shall be made at Austin, Travis County, Texas. Interest, besinning 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 contributions shall be paid fram then current revenues and be available for payment of eligible benefits and administrative expenses for all participating Employer Members. Supplemental benefits, including but not limited to dental, vision, life, Medicare Supplement and Long and Short Term Disabiliry wili not be offered separately from medical benctits. d. Excepl as may be otherwise specified in the TML IEBP Trust Agreement Establishing the TML Intergovernmcntal Employee Benetits Pool, as amended, this Interlocal Agreement may be terminatcd by cither the Employer Member or the TML IEBP upon 30 days wriuen notice which will becorne effectivc on the flrst day of the month !'oUowing thc 30 day noticc. An Fmplayer Membcr tiiat wilhdraws from the TML IEBP may not withdraw lmounts contributed to cover obligations incurred prior to such withdrawal. 7'he 'I'ML IEBP may tcrminate this [nterlocal Agreemcnt for non-payment of a payment or contribution in,mcdiately upon de(inyuency as determined by thc TML IEBP Policies and Procedures. In thc cvc;nl ofa disagrecrncru between an I:mploycr Membcr and the TML IEBP regarding non-paymcnt of'a paymcnt or contribution, the Employcr Member may appeal to the Board. The dccision of the 13oard on appeal is final. The 'fML IEBP rnay atsn terminate this Interlocal Agreement if tlie I:mployer Member fails to cooperate %vith claims agents or attorneys rcpresenting thc TML IEBP or if thc Employer Member takcs any othcr action dctrimcntal to thc TML fEBP's ability to cam out its purposes in an crrcicnt n,anncr. Every Employcr Member shall furnish all the information the 'I'ML tE:13P dcems necessary and useful for the purposes of this (nterloca) Agreement and sliall abidc by the Policies and Procedures adoptcd for the administration of the benefits Plans. The 7'M[. f r-BI' may amend the Policies and Procedures and Trust Agreement Establishing the T itifL lntergovertimenial Emptoyee Benefits Pool at anytime to the extent it deems advisable ercept that no amendmcnt shall change I L Interlocal Agreemrnt (rcv. 06/05/09) - Pege 2 ~ I . 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 15. 7'he Employer Member and the TML IEBP may contract for add'rtional administrative services related to the Employer Member's employee benefit programs as long as the Employer Member is a full medical risk participating member of the TML IEBP. 16. The Employer Member agrees that no Covered Participant shall have any claim against the property of tlte trust. The rights of Covered Participants are limited to the benefits specified itt the Plan. 17. The Employer Members desire to join together to purdiase life insurance benefiting their Employecs, officials, and retirees and their dependents. Therefore, the Employer Member authorizes the TML IEBP to purchase life insurance coverage insuring the lives of al! Covered Participants andeF the Plan. • . 18. No bond is required of the Board of Trustees of the TML IEBA. 19. if any part of this Interlocal Agreement, save and except paragraph 3, is declared invalid, void or unenforceable, the remaining parts and provisions sliall continue in full force and effect. It is further agreed that venue for any dispute arising under the terms of this lnterlocai Agreement shall be in Austin, Travis Counry, Texas. 20. This Interlocal Agreement represents the complete understanding of the TML IEBP and the Empioyer Member and may not be amended, modiFied or attered without the written agreemcnt of both parties. 21. The initial term of this lnterlocal Agreement shall be from the / 9 day of ls~n mo. rp , 20~q ai 12:01 a.m. and continue until . Absent notice of termination, the Employer Member may annually renew and extend the Interlocal Agreernent by cxecuting and retuming the rerate notice and benefit selection form as authorized at the inception of this Interlocal Agreement. This Intcrlocal Agreernent is entered into for the Employer Member under authorization of (EMPLOYER MEMBER) at duly called meeting held on By (SIGNATURE) Authorized Official Title Datc (Date of Meeting) ' L Interlocal Agreemem (rev. 06/05/W) - Pagc 4 ~ I (Typed or Printed Name) ~ ~ ~ This [nterloca! Agrcement entered into and Appointment Acccpted By: Thc TML Intergovemmental Employce Benefits Poul at Austin, "fcxas By Date TO I3E COMI'LETED 13Y EMPLOYER MEMl3ER: EMPLOYER MEMBER BFNEFITS COORDINA'TOR Name l'itlc Mailing Address Street Address (ifdifferent from abovc) Cih,lState/Zip Phone Fax E-mail Intcrlocal Agreemant (rev. 06/05/09) - Yage 5