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HomeMy WebLinkAboutResolution - 4589 - Contract- The Alliance Benefit Group Of Texas Inc- Employee Benefit Plan Service - 08_25_1994Resolution No. 4589 Item #18 August 25, 1994 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for an Employee Benefit Plan Service by and between the City of Lubbock and The Alliance Benefit Group of Texas, Inc. attached hereto, which Contract shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council ATTEST: Betty M. Johnso City Secretary APPROVED AS TO CONTENT: L Mary And s, Managing Director of Human ReYburces APPRO11 VED AS TO FORM - Mad G. Van -diver, T irst Assistant City Attorney DOV:dp\o:bc \A11iance.Res July 18, 19% THE ALLIANCE BENEFIT GROUP OF TEXAS, INC. Resolution #4589 EMPLOYEE BENEFIT PLAN Item # 18 SERVICE AGREEMENT August 25, 1994 The undersigned Employer ('Employer') hereby retains The Alliance Benefit Group of Texas, Inc. (hereinafter referred to as 'TABG') to provide services for the Employer's Employee Benefit Plan(s) upon and subject to the following terms and conditions: TABG shall provide, as applicable, administrative services for the Employer's Plan. The various services of TABG and the fees ('Service Fees') charged therefore are described in the Schedule of Services and Fees ("Schedule") attached hereto and made a part hereof. Where applicable, addendum(s) attached to this Service Agreement are made a part hereof. TABG shall have the right to modify the fee schedule at any time, provided, however, that TABG shall give the Employer notice of the intended modification sixty (60) days prior to the date such modification shall become effective. All invoices submitted by TABG are due and payable upon receipt. TABG may terminate this Agreement upon ten (10) days notice to the Employer in the event the Employer fails to make prompt payment of charges or otherwise breaches this Agreement. The Employer shall furnish TABG with all information required by TABG to perform its services hereunder. TABG shall rely entirely and conclusively upon such information furnished by the Employer. Except to the extent that it may be contrary to the provisions of the Plan, TABG shall have no duty to investigate the source or accuracy of such information or to question any action of the Employer, its agent, or any trustee of the Plan. If any work must be redone because of incorrect data supplied by the Employer and/or its agent to TABG, the rework will be charged at a minimum cost of 50 % of the charge designated in the fee schedule. TABG makes no representation express or implied, with respect to interpretations by any government agencies which affect TABG's service and performance. TABG only represents that its calculations are free of clerical error. In no event will TABG be liable for direct, indirect, special, incidental, or consequential damages resulting from matters other than clerical error made by TABG. The Employer hereby agrees that TABG shall not be liable to the Employer, Plan or any Participant for any losses or damages, whether direct or indirect, arising out of this Agreement. The Employer hereby agrees that all Fees and Penalty Charges levied by the Internal Revenue Service, Department of Labor or the Pension Benefit Guaranty Corporation are the responsibility of the Employer or Plan and not TABG. The Employer hereby acknowledges that TABG, except where otherwise specifically requested, shall be solely and exclusively responsible for the routine administrative services for the Employer's Plan. If specifically requested TABG may provide certain consulting services with respect to the Plan, provided, however, all legal, accounting, and tax decisions shall be made by the Employer's other professional representatives. TABG shall have no power, authority, or control with respect to the management or disposition of the assets of the Plan, nor any discretionary authority with respect to the management of the Plan, except where otherwise specifically agreed upon in writing. The Employer further acknowledges that TABG is not, and therefore shall not be held responsible as, the Plan Administrator (as such term is defined by Section 3(16) of the Employee Retirement Income Security Act of 1974) for the Employer's Employee Benefit Plan. All notices or communications to be transmitted by TABG hereunder shall be sent to the Employer at this business address. This instrument contains the entire agreement between the parties hereto, and no representation or statement not expressly set forth herein shall be binding on either party in any respect. The undersigned, on behalf of the Employer, hereby agrees to retain TABG to perform the annual administrative services. Miscellaneous Services will be provided as requested at the rate specified in the then prevailing Schedule of Fees. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties hereunder am performable in Travis County, Texas. Any controversy between TABG and Employer arising under this agreement shall be resolved by arbitration pursuant to the Texas General Arbitration Act, V.A.C.S. arts. 224 to 238-6. The nubefan entials of arbitrators and the criteria for selection shall be as mutually agreed. Plan Name: Number of Addendums attached: 2 Accepted for: City of Lubbock P.O. Box 2000 Lubbock, Texas 79457 Accepted for. The Alliance Benefit Group of Texas, Inc. By 2100 Northland Drive Austin, Texas 78756 Authorized Signature Authorized Signature Date 08/25/94 Date Schedule P 25.00 Schedule SSA 75.00 5558 Extension 75.00 990T 75.00 PBGC Premium Filing 100.00 PBGC Schedule A (per hour) 100.00 VII. REPORTING FOR FINANCIAL ACCOUNTING STANDARDS BOARD This service provides calculations of expenses as required for the Employer's CPA or accountant. The fee for this service will be billed on an hourly basis. VIII. PLAN TERMINATION SERVICES This service includes drafting the necessary plan amendments, board resolutions and notices to participants, preparation of the appropriate government forms for filing with the IRS and PBGC, calculation of individual plan benefits and preparation of election forms for each participant. These services will be provided upon request and will be billed on an hourly basis. IX. REVIEW AND TAKEOVER FEES In the event the administration of a plan already in existence is taken over by TABG, services for the first year will be charged on a per hour basis in accordance with the rates contained herein. If a new plan document is required, plan installation fees will be charged as described herein. X. MISCELLANEOUS SERVICES Additional specialized services are available and include: discussions concerning plan amendments; special actuarial studies or valuations; interim asset valuations; calculations of premiums, cash values and P.S. 58 rates; IRS or other plan audits; telephone consulting. These and other services not specified in this agreement shall be rendered on an hourly basis and shall be billed directly to the Employer as incurred. TIME AND CHARGE RATES Principal/Enrolled Actuary $ 175.00/hr. Systems Analyst 150.00/hr. Actuarial Assistant 125.00/hr. Consultant 100.00/hr. Programmer 100.00/hr. Technical Services 75.00/hr. Pension Administrator 75.00/hr. Clerical Support Staff 40.00/hr. Copy of Reduction Services Actual Charges Enrollment Services Travel Expenses Overnight Delivery Loan Origination Fee Loan Continuation or 0.25/Page 250.00/ Day/Enroller, Plus Travel 0.27/Mile or Coach Equivalent Plus Per Diem 20.00 75.00 1.00/Month/Loan Revisions of any statements or reports as a result of incorrect, incomplete or late information from the Employer will be charged at an hourly rate with a minimum of 1/2 of the original fee charged. 2100 Northland Drive 0 Austin, Texas 78756 (512) 454-3718 0 (800) 477-4007 THE ALLIANCE BBVF.Fff GROUP OF TERAS, INC. EMPLOYEE BENEFIT PLAN SCHEDULE OF SERVICES AND FEES EFFECTIVE MAY], 1994 This schedule sets for the various services provided by The Alliance Benefit Group of Texas, Inc. (TABG) and the fees charged therefore under the Service Agreement. As such, it is an integral part of this Agreement and must be read in connection therewith. The employer may retain TABG to perform any one or more of the services detailed herein. THE ALLIANCE BENEFIT GROUP OF TEXAS, INC. EMPLOYEE BENEFIT PLAN ADDENDUM TO EMPLOYEE BENEFIT PLAN SERVICE AGREEMENT The following fees, as stated in the Schedule of Services and Fees, shall be ( X modified) effective as of the date of signature of the Employee Benefit Plan Service Agreement attached hereto: Plan administrative service fees shall be $2.00/month/particpant with a $500.00/month minimum charge. plus 510.00/year/participant having insurance. All other applicable fees will remain as stated in the Schedule of Services and Fees. THE ALLIANCE BENEFIT GROUP OF TEXAS, INC. Defined Contribution Document Checklist DVDOCCK.LST Legal Name of Client Physical Address : Mailing Address: City/State/zip : City/State/Zip: Phone: ( ► Fax: ( 1 Employer Identification Number (Tax Number) County : Fiscal Year End Business Entity: [ 1 Corporation [ 1 S-Corporation [ I Sole Proprietor I I Partnership 1 I ' Governmental Entity: note governing body, l 1 Other: (Define in Notes) name & title of authorized document signers Principal Contact: Human Resource Contact: Payroll Contact: Corporate President/Owner : Corporate Secretary TRUSTEE(SI: Narne(s): Address: City, State, Zip: Phone: ( 1 Fax:( ► AGENT: Name: Company: Address: City, State, Zip: Phone: ( ) Fax: ( 1 CPA: Name: Company: Address: City, State, Zip: Phone: ( 1 Fax: 1 1 Consultant: Date: Plan Take Over Checklist CLIENT NAME: PLAN .. ;; DETAIL FIRST PAGE OF DOCUMENT CHECKLIST COPY OF ALL PREVIOUS DOCUMENTS AND AMENDMENTS COPY OF 5500 SERIES WITH ATTACHMENTS FOR PREVIOUS THREE YEARS YEAR-TO-DATE CONTRIBUTIONS / DISTRIBUTIONS