HomeMy WebLinkAboutResolution - 2012-R0264 - Approve New York Life Insurance Company - 457 Deferred Compensation Vendor - 07_12_2012Resolution No. 2012-RO264
July 12, 2012
Item 5.9
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Council of the City of Lubbock hereby approves New York Life
Insurance Company as a 457 Deferred Compensation Vendor in the City of Lubbock
Deferred Compensation Plan; and
THAT the City Manager may execute any routine documents and forms
associated with said coverage.
Passed by the City Council this July 12, 2012
GL.r.'ROBEKTSON, MAYOR
ATTEST:
Reb ca. Garza, City Secreta
APPROVED AS TO CONTENT:
Quincy Whit)-, ssrstant City Manager
APPRO��D A TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Risk Mgmt-Defcucd Comp
October 17. 2011
Resolution No. 2012-RO264
July 12, 2012
Item No. 5.9
CITY OF LUBBOCK, TX
CONTRACT 10490
This Services Agreement (this "Agreement") is entered into as of the 12th day
of July, 2012 , ("Effective Date") by and between New York Life Insurance Company and its
subsidiaries and affiliates (collectively. the "Company'), with an office at 51 Madison Avenue, New
York, New York 10010, and the City of Lubbock (the "City").
RECITALS
WHEREAS, the proposal submitted by the Company has been selected as a 457 Deferred
Compensation Vendor which best meets the needs of the City to provide such professional services;
WIIER>'AS. Company desires to perform as an independent contractor to provide 457 Deferred
Compensation services upon terms and conditions maintained in this Agreement; and
NOW THEREFORE, for and in consideration of the mutual promises contained herein, the
City and Company agree as follows:
City and Company acknowledge the Agreement consists of the following exhibits which are
attached hereto and incorporated herein by reference, listed in their order of priority in the event of
inconsistent or contradictory provisions:
1. This Agreement
2. Exhibit A — Section 457 — Deferred Compensation Plans Limited Service Agreement
21564 (1198)
Article 1 Services
1.1 Company agrees to perform those services for the City that are specified on
Exhibit A (the "Services") and attached hereto.
1.2 Company shall use its commercially reasonable efforts to render Services under this
Agreement in a professional and business -like manner and in accordance with the
standards and practices recognized in the industry. Company is not an exclusive
provider of these services.
1.3 This Agreement may be terminated at any time, with or without cause, by either party
giving thirty (30) days advance written notice to the other party.
Article 2 Miscellaneous.
2.1 This Agreement is made in the State of Texas and shall for all purposes be
construed in accordance with the laws of said State, without reference to choice of
law provisions.
2.2 This Agreement is performable in, and venue of any action related or pertaining to this
Agreement shall lie in, Lubbock, Texas. Any dispute arising between the parties in
connection with this Agreement shall be resolved in federal district court, North District
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of Texas, Lubbock Division. In the event that federal court does not have subject
matter jurisdiction over the claim, the dispute will be resolved in a state court in
Lubbock County, Texas.
2.3 This Agreement and its Exhibits contains the entire agreement between the City and
Company and supersedes any and all previous agreements, written or oral, between the
parties relating to the subject matter hereof, No amendment or modification of the terms
of this Agreement shall be binding upon the parties unless reduced to writing and signed
by both parties.
2.4 In the event any provision of this Agreement is held illegal or invalid, the remaining
provisions of this Agreement shall not be affected thereby.
2.5 The waiver of a breach of any provision of this Agreement by any parties or the failure
of any parties otherwise to insist upon strict performance of any provision hereof shall
not constitute a waiver of any subsequent breach, or of any subsequent failure to
perform.
2.6 This Agreement shall be binding upon and inure to the benefit of the parties and their
respective heirs, representatives and successors and may be assigned by Company or
the City to any successor only on the written approval of the other party.
2.7 All claims, disputes, and other matters in question between the Parties arising out of or
relating to this Agreement or the breach thereof, shall be formally discussed and
negotiated between the Parties for resolution. In the event that the Parties are unable to
resolve the claims, disputes, or other matters in question within thirty (30) days of
written notification from the aggrieved Party to the other Party, the aggrieved Party
shall be free to pursue all remedies available at law or in equity.
2.8 The Parties reserve the right to exercise any right or remedy available to each of them
by law, contract, equity, or otherwise, including without limitation, the right to seek any
and all forms of relief in a court of competent jurisdiction. Further, the City shall not be
subject to any arbitration process prior to exercising its unrestricted right to seek
judicial remedy. The remedies set forth herein are cumulative and not exclusive, and
may be exercised concurrently. To the extent of any conflict between this provision and
another provision in, or related to, this document, this provision shall control.
IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date.
CITY OF LUBBOCK, TX NEW YORK LIFE INSURANCE
COM
Lee mbauld, City Manager uthorized epresentative ne
Walter Gonzalez
Print Name
Assistant Vice President (annuities)
Title
Nwe 2 ol'3
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Section 457 - Deferred Compensation Plans
LIMITED SERVICES AGREEMENT
For plans purchasing Individual Life/Annuity Policies or Mutual Funds Case Number
Name of Plan/Employer: City of Lubbock
AGREEMENT between (Check whichever Companies and Products are applicable)
[ ✓ ] New York Life Insurance and Annuity Corp. (NYLIAC)
[ ✓ ] Fixed Annuity
Variable Annuity
[ ] Life Insurance (specify type of policy
[ ] New York Life Insurance Company or any of its subsidiaries (NYL)
[ ] Whole Life Insurance (WL)
[ J Other (specify
[ J ] NYLIFE Securities
[ ] Mainstay Funds
[ ] Other (specify
herein after collectively referred to as "The Companies"
And City of Lubbock
of 1625 13th Street; Lubbock, TX 79401
IT IS UNDERSTOOD THAT
(the Employer)
(address)
1, The Companies will issue insurance/variable annuity policy contracts and/or mutual funds for the Plan and that these
policies or funds are permitted under the terms of the Plan. All such policies or funds will be owned by the Employer
who will have all rights of ownership thereof and will be the sole beneficiary of any such policy, in accordance with the
terms of the Plan. The Employer is solely responsible for determining the propriety of any policy or fund applied for or
any actions of the Employer or its employees with respect to policies or funds issued.
2. The Companies' services provided will be limited to providing the following information to the Employer and the
insured/annuitant or mutual fund investor. No other services express or implied, will be provided.
a, If EAL is purchased, quarterly statements will be provided to the insured.
b. If an Annuity is purchased, quarterly statements will be provided.
c. For Mainstay Funds individual participant records will be kept and individual reports will be provided,
d. If WL is purchased, an annual, dividend and cash value increase report will be provided.
In providing this information The Companies will rely upon data furnished by the Employer on the reverse side of this
form.
3. This Agreement is only effective upon written acceptance by The Companies at their respective Home Offices, and The
Companies reserve the right to decline any requests, at their sole discretion.
4, No agent or registered representative is authorized to make representations or accept responsibilities on behalf of The
Companies with respect to any services which are not expressly contained herein; nor is any agent authorized to change
any terms of this agreement, to give up any of The Companies' rights or to waive any of The Companies' requirements.
The Employer represents that it has duly adopted the Plan for its employees and that the Plan qualifies as an eligible deferred
compensation plan under Section 457 of the Internal Revenue Code of 1986, as amended, and all other applicable law, The
Employer represents that it duly has or will enter into deferred compensation agreements with all participating employees in
accordance with all applicable law, including Section 457. The Employer acknowledges that any specimen Deferred
Compensation Plan and Resolution Adopting the Deferred Compensation Plan made available by The Companies are provided only
for the Employer's convenience and do not constitute legal or tax advice. The Companies make no representation about the
qualification of the specimen documents under Section 457 or other applicable law. The Employer further represents that it has
consulted its own legal and tax advisors with respect to compliance, tax or other legal matters involving plan establishment,
maintenance and administration; that The Companies assume no fiduciary duties or responsibilities on behalf of the Plan; and that
this Agreement does not constitute the appointment of The Companies as Plan Administrator or Plan Fiduciary.
The Employer understands that it is responsible for notifying The Companies of any change in information contained in this
agreement.
Date: _ Z -2- Lee Ann Dumbauld Cit Manager
Signaxur d title of authorized representative of the Employer
Witness:
Agent/Registered
21564 (1196)
083669
Code #
Page 1 of 2
Section 457 - Deferred Compensation
LIMITED SERVICES AGREEMENT
Name of
Employer: City of Lubbock
Address: 1625 13th Street
Lubbock TX 79401
City State Zip
Telephone: ( 806 ) 775-2317 FAX: ( 806 ) 775-3965
Employer Tax Identification Number (TIN): 75 - 6000590 Standard Industry Classification (SIC) 9199
Type of Entity:
[ ] State Government
[ ] City or Town
[ ] Government Authority
[ ] Non Profit (501(c)(3)) Organization
[ ] Other (explain)
Plan Effective Date:
Name and address of Plan Administrator: Lee Ann Dumbauld
1625 13th Street
Lubbock, TX 79401
Name and Title of contact person with the Employer: Leisa Hutcheson, Director HR & Risk Management, Terri Smith, Benefi l
Telephone if other than Employer number above:
Agent'/Registered Representative: William Atchley
Agent Code # 083669
G.O. & Code # West Texas DOB Agent telephone ( 806 ) 831 - 3602
Address (other than G.0).:
Date: -7!r , I z
Sig
Witness:
Agent/Registered Representative
-ZAd Lee Ann I
Title of Authorized Employer Representative
uld, City Manager
21564 (1/98) Page 2 of 2
ATTEST:
Rebela Garza, City Seer ry
APPROVED AS TO CONTENT:
Quincy W & Assistant City Manager
-
AP AS O FORM:
Chad Weaver. Assistant City Attorney
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