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HomeMy WebLinkAboutO-2000-2399 e e ORDXHANCE HO. 2000- B. '3Q q AN ORDXHANCE APPROVXHG AND AUTHORXZXHG A COHSEHT TO ASSXGHMEHT FROM THE TEXAS MUBXCXPAL LEAGUE GROUP BEHEFXT RXSK POOL TO THE TEXAS MUBXCXPAL LEAGUE XNTERGOVERNMENTAL EMPLOYEE BEHEFXTS POOL; MAKXHG VARXOUS FXHDXHGS AND PROVXSXOHS RELATXNG TO THE SUBJECT; FXHDXHG COMPLXANCE WXTH THE OPEH HEETXHGS LAW; AND PROVXDXHG AN EFFECTXVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . ORDINANCE NO. 2000- ~ ?,Q9 . PASSED AND APPROVED, this 27th day of March, 2000. ATTEST: LYL~~~~t{lA1liJ City Secretary By: CITY OF LA PORTE ~~ oman L. Malon Mayor PAGE 2 e e T~L GROUP BENEFITS RISK POOL * DEDICATED TO SERVICE Texas Municipal League Group Benefits Risk Pool 1821 Rutherford Lane . #300 . Austin . Texas . 78754 . 800.348.7879 MEMORANDUM To: Self-Funded TML-Group Benefits Risk Pool Members Date: 3/3/00 Re: Council or Governing Body Action Required By 4/1100 The Texas Municipal League Group Benefits Risk Pool (TML-GBRP) was formed on 5/1/79, to ensure political subdivisions had access to employee benefits and to assure there would be competition in the price of c;rmployee benefits. The TML-GBRP was formed as an employee benefit welfare trust that expires in twenty-one years, or on 5/1/00. The 1979 Trust allows the TML-GBRP Trustees to transfer all assets to another trust established for substantially similar purposes. On 9/17/99, the TML Intergovernmental Employee Benefits Pool (TML-IEBP) was formed. The TML-IEBP will operate under Chapter 172 of the Local Government Code, the lnterlocal Cooperation Act (Chapter 791 of the Government Code), and have substantially similar purposes as the TML-GBRP. 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. On 1/28/00 the TML-GBRP Board of Trustees voted to transfer all assets and liabilities to the TML-IEBP on 4/1/00 and to terminate the TML-GBRP Trust on the same date. Also, on 1/28/00 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 4/1/00. Other than the requirement of having your Councilor Governing Body adopt and execute the enclosed Interlocal Agreement with the TML-IEBP the change will be almost transparent for Members. The Administrative Services Agreement and any other service agreements (e.g. cac Administration, Flexible Spending Account Admi.nistration or Retiree Direct Billing) will be assigned to the TML-IEBP by adoption and execution of the enclosed "Consent To Assignment Agreement" that will need to be returned with the Interlocal Agreements. Please {>Iace on your March ae:enda havine: your Council or Governing Bodv adopt the Interlocal Agreement with the TML Interg:overnmental Emplovee Benefits Pool and Consent To Assignment Form. Please return both documents to my attention. -over- Dallaa 2711 LBJ "-way, #1062 Dallas. Texu . 752J.4 . 972.919.1741 Lubbock 7602 Univeniry, # 125 Lubbock . T.... . 79423 . 806.748.5865 HoUlton 14511 Fallinien..k, #310 Houston . T.... . 77014 . 281.895.9677 e e TML INTERGOVERNMENTAL EMPLOYEE BENEFITS RISK POOL ~ IITML Intergovernmental Employee Benefits Pool IN'T'E'RLOC5ti J!t{jRTT:M.TN'T . .. ~ '. NON..RISK PARTICIPATING MEMBER TML Intergovernmental Employee Benefits Pool Austin, Texas INTERLOCAL AGREEMENT (NON-RISK P ART~CIP ATING 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 1, 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 lnterlocal Agreement pursuant to Chapter 791 of the Texas Government Code; . 1 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 lnterlocal 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 lnterlocal Agreement. The conditions of membership in the TML-IEBP are agreed upon by and between the parties as set forth hereinafter. 1. 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 Member" means a political subdivision entering into this Interlocal Agreement. "Plan" or "Plans" mean the health benefit planes) 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. 2. 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 established by ~e TML-IEBP which collectively establish the conditions for membership in the TML-IEBP. Interlocal Agreement ASO (rey, 10/01/99) Page 1 3. 1ML-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 l:1-t 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 1ML-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. 11. No bond is required of the Board of Trustees of the TML-IEBP. Inlerlocal Agreement ASO (rev. 10101/99) 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 lML-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 (EMPLOYER MEMBER) at a duly called meeting held on (Date of Meeting) By .' (SIGNATURE) (printed or Typed Name) Authorized Official Title Date This Agreement entered into and Appointment Accepted By: The TML Intergovernmental Employee Benefits Pool at Austin, Texas By Date [nterlocal Agreement ASO (rev ,\ % \/99) Page 3 TO BE eOMPLETED BY EMPLOYER MEMBER: EMPLOYER MEMBER BENEFITS COORDINATOR Name Title Mailing Address Street Address (if different from above) City/State/Zip Phone Fax E-mail Interlocal Agreement ASO (rev. 1 O/OI/99) Page 4 IITML ~ Intergovemmental Employee Benefits Pool e May 17,2000 Mr. Louis Rigby City of La Porte 604 West Fairmont Parkway La Porte, Texas 77572 Dear Louis: Enclosed please find your copy of the signed Interlocal Agreement. Please feel free to call upon me, should you have any questions or need any additional information. s~~~ jf'~~ Cheryl Wessels Member Service Team Manager Enclosures 1821 Rutherford Lane, Suite #300 Austin, Tx. 78754-5151 800.348.7879 512.719.6500 Fax:512.719.6509 www.tmliebp.org e e TML INTERGOVERNMENTAL EMPLOYEE BENEFITS RISK POOL ~ IITML Intergovernmental Employee Benefits . Pool INrT'RLOC:AL 5t{jnTT:M.TNr NON..RISK PARTICIPATING MEMBER ]I 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, THEREFO~, 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, ent~rs 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 ofthe 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 Member" 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. 2. 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 established by ,the TML-IEBP which collectively establish the conditions for membership in the TML-IEB:P. ,:' Interlocal Agreement ASO (re\"lQ/OI/99) Page I 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 ~ate 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 respon.sibility 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 administra~ive services related to the Employer Member's employee benefit programs. 11. No bond is required of the Board of Trustees of the TML-JEBP. Interlocal 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 lnterlocal 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 ()~I Ot" ~ e&tU (E~R MEMBER) at a duly called meeting held on ~ J ::11/ () Q " ~fMeeting) By J 'Yd.:-~1' ~- ,A.IJ2i..YJnJ1-rJ L.IYJI1LJOf\le' (SIDN TURE). r (Printed or Typed Name) Authorized Official Tit1~ T. ~"Ul"- j Tn A "I) ( f Date This Agreement entered into and Appointment Accepted By: The TML Intergovernmental Employee ~t.s P~I at Austin, Texas By /~~~ Jr.,. ,,/~/t:L ./ '7 / ( ,_/ ,l' /' I {I,I//I!) 0 / I / Date Interlocal Agreement ASO (rev. I 0/0 1/99) Page 3 II -.: TO BE COMPLETED BY EMPLOYER MEMBER: EMPLOYER MEMBER BENEFITS COORDINATOR Name La Lll ~ "R \ b.~ 't Title ~\n..c:.c...17J~ dF AbMIJJ1~~nv~ ~lItCSS ;. D. &ox U I~ Mailing Address City/State/Zip Street Address (if different from above) b,Q4- W i==AlrMONI f/{,I.U'( lA PO\t Te 1><. l? ~ 17.. - t II ~ , ~fJl \8l Su?"o '2 ~l 4-10 110 So \Ou.l~@('..{.lttr-p()II''te .1K.u~ (11'571 ) Phone Fax E-mail Interloeal Agreement ASO (rev, I 0/01/99) Page 4 e e CONSENT TO ASSIGNMENT City of La Porte consents to the assignment to the TML Intergovernmental Employee Benefits Pool of the rights and responsibilities of the Texas Mlmicipal 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 La Porte. ~ Administrative Services Agreement ~ Continuation of Coverage Administration City of La Porte 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 La Porte governing body "at a duly called meeting held on ;),1-/1- day of ,,^~(l...JJ .2000. For ~ City of La Porte /~~- ~ignature . l'JofrnftuJ ~. ~e, Typed Name iA^ MiDI TItk/ '.