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R2006-184 11-06-06RESOLUTION NO. R2006-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT AMENDMENT WITH TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract amendment, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract amendment with Texas Emergency Services Retirement System. PASSED, APPROVED and ADOPTED this the 6th day of November, A.D., 2006. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY PEARLAND VOLUNTEER FIRE DEPARTMENT P.O. Box 104 • PEARLAND, TEXAS • 77588-0104 • 281-652-1925 ... committed to Quality ,dire Protection www.pearlandvfd.org MINUTES Local Pension Board Meeting September 28, 2006 CALLED TO ORDER: 19:00pm by Chairman David Schneider PRESENT: Bill Eisen, Darren Riffe, David Schneider, Bill Cook; George Smiley ABSENT: Elton Thornell OLD BUSINES: A. 90 day update on medical condition of Stephen Pereyra. Motion by Darren Riffe to accept, second by David Schneider, motion passed. NEW BUSINESS: A. Approve new annual contract between City of Pearland and Texas Firefighters Pension Commissioner. Contract stipulates a 1 time lump sum payment of $28,320 for the month of September 2006 and a monthly increase to $70 per firefighter per month for the period of September 1, 2006 through August 31, 2007. Motion by Bill Eisen to approve, second by Bill Cook, motion passed. B. Approve board appointees and submit to Texas Firefighters Pension Commissioner. Motion to approve as submitted by Bill Cook, second by Bill Eisen, motion passed. a. Board for 2006-07: i. Citizen — Bill Cook, George Smiley ii. FD Rep — David Schneider (Chair), Elton Thornell (Secretary), Darrin Riffe (Vice Chair) iii. Government — Bill Eisen ADJORNMENT: Motion by David Schneider, second by Darren Riffe, motion passed. Adjourned at 19:20pm Respectfully Submitted, Elton Th ornel EXHIBIT PENSION SYSTEM CONTRACT AMENDMENT TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM City of Pearland on behalf of the Pearland Volunteer Fire Department, Inc. Effective October 1, 2006 Page 1 of 3 SECTION I. PENSION SYSTEM CONTRACT AMENDMENT The Office of the Fire Fighters' Pension Commissioner (the "Office") on behalf of the Board of Trustees of the Texas Emergency Services Retirement System ("System") and the City of Pearland (Governing -Entity), on behalf of Pearland Volunteer Fire Department, Inc. ("Participating Department") hereby agree to this Amendment of the Fund Contract effective October 1, 2006. The Contract is amended to increase the Participating Department contribution rate from $60.00 to $70.00 per month per member effective October 1, 2006. This contract amendment also provides for a supplemental contribution from the Governing Entity in the amount of $480.00 per for each member in the Participating Department as of September 30, 2006. All other terms of the Fund Contract, including any portion of the amended document that is not expressly amended below, remain in effect. SECTION II. AUTHORITY This Contract is entered pursuant to the statutory authority of the Title 8, Government Code, Subtitle H Texas Emergency Services Retirement System. The administration of the System is governed by the System rules (Texas Administrative Code Title 34, Part 11, Chapters 302, 304, 306, 308, and 310.) SECTION III. PARTIES This Contract is made and entered into by and between the Participating Department, the Governing Entity, and the Commissioner on behalf of the fund. The parties, in consideration of their respective agreements and covenants contained and recited herein, agree to the mutual obligations and performance of the tasks hereafter described, and contract as set forth below. A. The Participating Department: Pearland Volunteer Fire Department, Inc. is a public entity that performs fire, rescue, or emergency medical services in Pearland Texas. The Department's mailing address is P.O. Box 104, Pearland, TX 77588. B. The Governing Entity: The City of Pearland is a municipality of the State of Texas. The billing address of the governing entity is 3519 Liberty Drive, Pearland, TX 77581. C. The Commissioner: The Office of the Fire Fighters' Pension Commissioner is an agency of the State of Texas and is located at 920 Colorado Street, Austin TX 78711. PENSION SYSTEM CONTRACT AMENDMENT TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM City of Pearland on behalf of the Pearland Volunteer Fire Department, Inc. Effective October 1, 2006 Page 2 of 3 SECTION IV. CONTRACT PERIOD This Contract is effective October 1, 2006. SECTION V. AMENDMENT AND ASSIGNMENT Except as otherwise provided herein, any amendment or other modification of any term of this Contract must be in writing and signed by parties. SECTION VI. WITHDRAWAL FROM THE PENSION SYSTEM A Governing Entity that has elected to participate in this System may not rescind that election. SECTION VII. SERVICES PROVIDED BY THE PENSION FUND The System shall provide pension, disability and survivor benefits to each person who performs service as a volunteer and auxiliary member of the Participating Department. The administration of the System is governed by the System rules (Texas Administrative Code Title 34, Part 11, Chapters 302, 304, 306, 308, and 310) SECTION VIII. REQUIRED CONTRIBUTIONS AND REPORTS A. On September 1, 2006, the Office will invoice the Governing Entity in the amount of $28,320.00 for supplemental contributions for September 2006. This charge is based upon a supplemental contribution payment of $480.00 for 59 active members as of September 30, 2006. B. Contingent upon the payment of the $28,320.00 and the execution of this Contract Amendment, the Office will retroactively change the effective contribution rate from $60.00 per month to $540.00 for the month of September 2006. C. Effective October 1, 2006, the effective contribution rate for the Participating Department will equal $70.00 per month per member. D. Membership Reconciliation Report 1. The Commissioner shall send to the Chairman of the Local Board of Trustees of each participating department, 30 days before the last day of the quarter, a pension roster report detailing the name of each member of the department who is identified as a member of the retirement system, and a summary of contribution charges and credits. This pension roster report will fully disclose the basis for the billing. 2. The Chairman of the Local Board of Trustees or department head shall review the accuracy of the pension roster report. To add or terminate members incorrectly identified in the pension roster report, departments must file appropriate personnel forms to add or terminate members. PENSION SYSTEM CONTRACT AMENDMENT TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM City of Pearland on behalf of the Pearland Volunteer Fire Department, Inc. Effective October 1, 2006 Page 3 of 3 3. To facilitate the collection of member contributions, the Chairman of the Local Board of Trustees of each participating department, before 10 days of the last day of the quarter, shall file with the Commissioner a certified membership roster that states the name of each member of the department who is a member of the retirement systems. E. Billing 1. The Commissioner shall bill the Governing Entity on a quarterly basis on the last business day of November, February, May, and August. 2. To receive payment, the Office shall submit an invoice summarizing contribution charges to the billing address of the Governing Entity. The Commissioner shall bill the governing entity for: a) Monthly contributions for participating members, b) Prior service contributions, c) Late payment interest charges, d) Administrative penalties, and e) Other appropriate charges. 3. Payments are due within 30 days after the invoice date. Late payments accrue interest at the assumed actuarial rate of return on investments of the System. SECTION IX. GOVERNING LAW This Contract shall be construed in accordance with and governed by the laws of the State of Texas. Venue for the resolution of any and all litigation arising under this Contract shall be in the courts of competent jurisdiction in Austin, Travis County, Texas. IN WITNESS WHEREOF, the parties intending to be legally bound have caused this Contract to be executed by their duly authorized officers or other representatives. THE OFFICE OF THE FIRE FIGHTERS' CITY OF PEARLAND PEN 10 OMMISSNER aJ ,tec sa Ivi4 Miller, Commissio r Date /0-`0 -04 Bill Eisen, City Manager Date: 9' a 8"—* PEARLAND VOLUNTEER FIRE DEPARTMENT, INC. David Schneider Chaa rman Board of Trustees Date: .16 512 936 3480 FIREFIGHTERS PENSIO 03:33:58 p.m. 09-25-2006 Uci 5teven5 1 /1 TEXAS EMERGENCY SERVICES RETIREMENT SYSTEM OFFICE OF THE FIRE FIGHTERS' PENSION COMMISSIONER Invoice Date P.O. BOX 12577, AUSTIN, TX 78701-2332 9/25/2006 REMIT Fire Fighters' Pension Commission TO P.O. Box 12577 Austin, TX 78701-2332 BILL TO Pearland Volunteer Fire Department Attn: Buck Stevens P.O. Box 104 Pearland, TX 77588 Invoice 1819 Charge Date Charge Code Description Fixed Charge Amount 9/25/2006 Contribution Supplemental Contributions for September 2006 $ 28,320.00 $ 28,320.00 Payment Terms: Net 30 Days Total $ 28,320.00