HomeMy WebLinkAboutResolution - 2018-R0006 - TML Intergovernmental Employee Benefits Pool For Citibus - 01/11/2018Resolution No. 2018-R0006
Item No. 7.16
January 11, 2018
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the act of the City Manager of the City of Lubbock in executing, on behalf of the City
of Lubbock, the Interlocal Agreement and all related documents by and between Citibus and
the Texas Municipal League in order to include Citibus in the Texas Municipal League
Intergovernmental Employee Benefits Pool for Citibus employee insurance, is hereby ratified
in full. Said Interlocal Agreement is attached hereto and incorporated in this resolution as if
fully set forth herein and shall be included in the minutes of the City Council
Passed by the City Council on January 11, 2018
DANIEL M. POPE, MAYOR
ATTEST:
Reb cca Garza, City Secreta
t_)
APPROVED AS TO CONTENT:
Justin 1 litt, )lssistNt City Attbrney
ccdocs/RES. Ratify — Interlocal Agreement — TML Insurance for Citibus
December 29, 2017
Resolution No. 2018-R0006
Interlocal Agreement
TML Multistate
Intergovernmental Employee Benefits Pool
Risk Participating Member (Pool)
Revised January 2014
TML MultiState intergovernmental Employee Benefits Pool
Austin, Texas
iNTERLOCAL AGREEMENT
(RISK PARTICIPATING MEMBER)
WHEREAS, the TML MultiState Intergovernmental Employee Benefits Pool, hereinafter referred to as TML
MultiState IEBP, is a legal entity created by Political Subdivisions of the State of Texas and governed by a Board of
Trustees; and
WHEREAS, the undersigned Employer Member represents that (1) it Is (a) a Political Subdivision of the State of
Texas or of Its state of domicile , (b) an Affiliated Service Contractor (as defined by Section 172.003, Texas local
Government Code) of a Political Subdivision of this state or of its state of domicile, or (c) an Economic
Development Corporation organized under Subtitle C1, Title 12, Texas Local Government Code; (2) it is qualified
under the Interlocal cooperation law of the Employer Membees domiciliary state to enter into this Interlocal
Agreement; and (3) Its governing body has acted by majority vote, at a duly called and posted public meeting, to
authorize the Employer Member to participate in this Interlocal Agreement; and
WHEREAS, the undersigned Employer Member has examined all the facts and issues it deems relevant and
determined that it Is in the best interest of the Employer Member, its Employees, officials, and retirees and their
dependents to enter into this Interlocal Agreement and to obtain one or more life, sick, accident, and other health
benefits, as well as the related services, by becoming a member of the TML MultiState IEBP; and
WHEREAS, the TML MultiState 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 Employer
Member, together with other Employer Members s executing identical or substantially similar interlocal
Agreements, enters Into this Interlocal Agreement for the purpose of providing certain benefits and related
services for their Employees, officials, and retirees and their dependents. The benefits will be provided under the
authority of the laws of the State of Texas including the Texas Political Subdivision Uniform Group Benefits
Program (Chapter 172, Texas local Government Code), the Interlocal Cooperation Act (Chapter 791, Texas
Government Code) and the Texas Trust Code (Title 9, Subtitle B, Texas Property Code). The Employer Member
hereby designates the TML MultiState IEBP as its instrumentality to administer the business and supervise the
performance of the Interlocal Agreement and the operation of the Risk Pool. All money transferred by the
Employer Member to the TML MultiState IEBP under this Interlocal Agreement, together with any other property
which may become subject to this Interlocal Agreement, will be held in trust by the Board of Trustees of the TML
MultiState IEBP for the benefit of the Employees, officials, and retirees and their dependents of the Employer
Members. The conditions of membership in the TML MultiState 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 MultiState Intergovernmental Employee Benefits Pool to supervise the
operation of the TML MultiState IEBP.
"Covered Participant" means a person who is eligible for coverage and who has enrolled in a Plan
"Employee" means a person who works at least 20 hours a week for an Employer Member.
"Employer Member" means a Political Subdivision, Affiliated Service Contractor, or Economic
Development Corporation member of the TML MultiState IEBP that has executed the Interlocal
Agreement.
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"Interlocal Agreement" or "this Agreement" means the TML MultiState Intergovernmental Employee
Benefits Pool Risk Participating Member Interlocal Agreement.
"Plan" or "Plans" mean the TML MultiState IEBP benefit plan(s) selected and adopted by the Employer
Member.
"Political Subdivision" means (a) any legal entity included within the definition of "political subdivision" in
Chapter 172, Texas Local Government Code or otherwise qualified as a political subdivision under Texas
Law or (b) a political subdivision as defined by the laws of the Employer Member's domiciliary state.
"Schedule of Benefits" means the document outlining the Plan benefits and contribution level of the
Employer Member.
"TML MultiState IEBP" or "Risk Pool" means the TML MultiState Intergovemmental Employee Benefits
Pool.
"Local Government" means any legal entity included within the definition of "local government" in
Chapter 791, Texas Government Code including any political subdivision as defined by the laws of the
Employer Member's domicipary state.
"Affillated Service Contractor" means an entity described by Section 172.003(1) of the Texas Local
Government Code.
"Economic Development Corporation" means a corporation organized under Subtitle Ct, Title 12, Texas
Local Government Code.
"Fund Contact" means the individual of department head rank or higher who is designated by the
Employer Member to be the point of contact for all interaction with the TML MultlState IEBP.
2. The Employer Member agrees to be bound by this Interlocal Agreement, the Trust Agreement Establishing
the TML MultiState Intergovernmental Employee Benefits Pool and all amendments thereto, and the
Policies and Procedures established by the TML MultiState IEBP which collectively establish the conditions
for membership In the TML MultiState IEBP.
3. The Employer Member will adopt one or more of the TML MultiState IEBP Plans and make the payments
and contributions set forth in the Schedule of Benefits. The payments required to be made by the
Employer Member shall be made at Austin, Travis County, Texas. Interest, beginning the first day after the
due date and continuing until paid, shall accrue at the maximum rate allowed by Texas law on the balance
of any payment or contribution not paid when due, All such payments and contributions shall 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 Disability will not be offered separately from medical benefits.
4. Except as may be otherwise specified in the TML MultiState IEBP Trust Agreement Establishing the TML
MultiState Intergovernmental Employee Benefits Pool, as amended, this Interlocal Agreement may be
terminated by either the Employer Member or the TML MultiState IEBP upon 30 days written notice
which will become effective on the first day of the month following the receipt of the 30 day notice by the
party receiving the notice. Contributions are earned when paid. Withdrawing Employer Members are not
entitled to a refund of contributions. The TML MultiState IEBP may terminate this Interlocal Agreement
for non-payment of a payment or contribution immediately upon delinquency as determined by the TML
MultiState IEBP Policies and Procedures. In the event of a disagreement between an Employer Member
and the TML MultiState IEBP regarding non payment of a payment or contribution, the Employer Member
may appeal to the Board. The decision of the Board on appeal is final The TML MultiState IEBP may also
terminate this Interlocal Agreement if the Employer Member fails to cooperate with claims agents or
attorneys representing the TML MultiState IEBP or If the Employer Member takes any other action
detrimental to the TML MultiState I£BP's ability to carry out its purposes in an efficient manner.
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S. Every Employer Member shall furnish all the information the TML MultiState IEBP deems necessary and
useful for the purposes of this Interlocal Agreement and shall abide by the Policies and Procedures
adopted for the administration of the benefits plans. The TML MultiState IEBP may amend the Policies
and Procedures and Trust Agreement Establishing the TML MultiState Intergovernmental Employee
Benefits Pool at anytime to the extent it deems advisable. The TML MultiState IEBP may employ and
contract with a third party administrator.
6. The TML MultiState IEBP may purchase excess loss coverage or reinsurance as provided in Chapter 172,
Texas Local Government Code, and all Employer Members are subject to the terms and conditions of any
such excess loss coverage or reinsurance agreement.
7. Each Employer Member will designate and appoint a person of department head rank or above to be the
Employer Member's Fund Contact with the TML MultiState IEBP and agrees that the TML MultiState 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 Fund Contact with respect to services or claims hereunder shall be
binding on the Employer Member. The Employer Member reserves the right to change the Fund Contact
from time to time by giving written notice to the TML MultiState IEBP.
8, The Employer Member hereby appoints the TML MultiState 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. All decisions on individual claims shall be made by the TML MultiState IEBP or by
its contracted third party administrator.
9. The TML MultiState IEBP shall be audited annually by an Independent certified public accountant, and the
audit shall be filed as required by the laws of the State of Texas lincluding, but not limited to Chapter 172
of the Texas Local Government Code) or as may be required by the Employer Member's domiciliary state.
A summary financial report will be provided to each Employer Member upon request.
10. All monies available for investment shall be Invested by the TML MultiState IEBP in compliance with the
Texas Public Funds investment Act of 1987 (TEX, Gov'T CODE. ANN. Sec. 2256,001, et seq.) or the Texas Trust
Code (Subtitle B, Title 9, Property Code).
11. Each Employer Member, as Plan Administrator, retains the rights, duties and privileges of the Plan
Administrator and acknowledges It has responsibility for compliance with the state and federal laws
applicable to employee benefits. For purposes of delivery of any Continuation of Coverage notices, TML
MultiState IEBP is not the Group Administrator for any Employer Member unless and until a separate
contract for administration of Continuation of Coverage is entered into between TML MultiState IEBP and
that Employer Member.
12. To the extent authorized by taw, the Employer Member agrees to indemnify and hold harmless the TML
MultiState IEBP for all claims, damages and expenses, Including but not limited to attorney'$ 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.
13 The Employer Member agrees that all conditions of coverage for the benefits provided shall be as
specified in the Plan booklet/document furnished to the Employer Member by the TML MultiState IEBP.
The Employer Member agrees that the Employees and the Board of Trustees of the TML MultiState IEBP
and individuals and entities with whom the TML MultiState IEBP contracts for staff functions may receive
Plan benefits.
InterbMiAgreement (Rev 1 31 H) ftgt 3 of i
14. Each Employer Member acknowledges that health Plan benefits provided In accordance with Chapter 172
of the Texas Local Government Code are not insurance and that the TML Multistate IEBP is not an insurer
under the Insurance Code or other laws of the State of Texas or of another state in which an Employer
Member is located.
15. The Employer Member and the TML Multistate IEBP may contract for additional 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 Multistate IEBP.
16. The Employer Member agrees that no Covered Participant shall have any claim against the property of the
trust. The rights of Covered Participants are limited to the benefits specified In the Plan,
17. The Employer Members desire to Join together to purchase life insurance benefiting their Employees,
officials, and retirees and their dependents. Therefore, the Employer Member authorizes the TML
Multistate IEBP to purchase life insurance coverage Insuring the lives of all Covered Participants under the
Plan.
18, No bond is required of the Board or Trustees of the TML Multistate IEBP.
19. if any part of this Interlocal 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 Interlocai Agreement shall be in Austin,
Travis County, Texas.
20. This Interlocal Agreement represents the complete understanding of the TML Multistate IEBP and the
Employer Member and may not be amended, modified or altered without the written agreement of both
parties.
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21. The Initial term of this Interlocal Agreement shall be from the ��` day of JR,. 2018 at 12:01
a.m. and continue until DEgm(Qea ll,a sa . Absent notice of termination, the Employer Member
may annually renew and extend the Interlocal Agreement by executing and returning the rerate notice
and benefit selection form as authorized at the inception of this Interlocal Agreement.
22. This Interlocal Agreement is entered Into In the State of Texas and It is understood and agreed that this
Interlocal Agreement shall be governed by, construed, and enforced in accordance with and subject to the
laws of the State of Texas.
23. Employer Member represents and warrants that (a) this Agreement fully complies with the laws of its
state of domicile and (b) Employer Member has full legal authority to enter into this Agreement. By
entering into this Agreement, an Employer Member who is an Affiliated Service Contractor further
warrants that it is an organization qualified for exemption under Section 501(c), Internal Revenue Code
(26 U.S.C. Section 501(c)), as amended, that provides governmental or quasi -governmental services on
behalf of a political subdivision and derives more than 25 percent of its gross revenues from grants or
funding from the political subdivision.
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This Interlocal Agreement Is entered into for the Employer Member under authorization of
W )A"ff r 8n� 1149CW CIrY /N1ANk6eot, , Carlr of L-vt6oiGK TEXAe
(EMPLOYER MEMBER)
at duly called meeting held on J4',, 0 (4M4 It t 10 '�hTU OF R*nf-t cATio,v
(Date of Meeting)
By l.�J / . �--7 �—c=� S .4 0- i w s a o�
TUBE)
{Typed or Printed Name)
Authorized Official Title CrrY_ M4'.JAie2, CITY oar• L'Jf,6VW , rEkAS
Date / Z/z-9 / /'7
This Interlocal Agreement entered into and Appointment Accepted By:
The TML MultiState Intergovernmental Employee Benefits Pool at Austin, Texas
By
Date
TO BE COMPLETED BY EMPLOYER MEMBER:
EMPLOYER MEMBER BENEFITS FUND CONTACT
Name MA rt.ttg PeAiLL 1 L
Title CITI9415. "roe"(2A1 r^A+JAfL0(L CAN hr.,r or uff CITY of V&
Mailing Address T. 0 •• 60K ?400 } W 8$bGK J're. S, 1 '11 4 r l
Street Address (if different from above)
8 a( TEKkS f argnr u t
City/State/Zip L U$ 8 0 i; K
1 TF, Xa 5 9 t[ o}
Phone �ii • t'� • 1b O O
Fax SOS "1 2
E-mail M p rr 0. r an G! { 6 J S Co r.
InterbrnlApretmtM (Nev IN Jj) Pace 5 o/ 5