R98-01 01-26-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORI71NG THE CITY' MANAGER OR HIS DESIGNEE TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL
LEAGUE GROUP BENEFITS RISK POOL, FOR PURPOSES OF PROVIDING
CERTAIN BENEFITS AND COVERAGES FOR CITY OFFICIALS,
EMPLOYEES, RETIREES, AND DEPENDENTS.
BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement by and between the City of
Pearland and Texas Municipal League Group Benefits Risk Pool, 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 the originals of the attached agreement for and on behalf of the City of
Pearland, for purposes of providing certain benefits and coverages for City officials,
employees, retirees, and dependents.
PASSED, APPROVED and ADOPTED this the _2~thday of January ,
A. D., 1998.
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
CITY ATTORNEY
TEXAS MUNICIPAL LEAGUE
GROUP BENEFITS RISK POOL
GROUP BENEFITS RISK POOL
DEDICATED TO SERVICE
iNTE LOCAL
G EEMENT
RISK 'PARTICIPATING MEMBER
17.
The
Employer
Members
desire
to join
together
to
purchase
life insurance
benefitting
their
officials,
employees,
retirees
and
dependents
Therefore
the
Employer
Member
authorizes
the
TML-GBRP
to
purchase
life
insurance coverage
insuring
the
lives of
all
covered
participants
under
the
Plan.
18.
No
bond
is required
of the
Board
of
of the
TML-GBRP.
Trustees
19. 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.
20.
This
agreement
represents
the
complete
understanding
of
the
TML-GBRP
and
the
Employer
Member
and
may not
be amended
modified
or altered
without
the
written
agreement
of
both
parties.
21.
The
initial
term of
this
Interlocal
Agreement
shall
be from
the
day
of
,
19,
at
12:01
a.m.
until
the
following
September
30th
at
11:59
p.m. Absent
notice
of
termination,
the
Employer
Member
annually
renew and
extend
the
agreement
for a
term commencing
at
12:01
a.m. on October
may
1st
and
ending
at
11:59
p.m. on
the
following
September
30th
by executing
and
returning
the
rerate
notice
and
benefit
selection
form as authorized
at
the
inception
of
this
agreement.
This
agreement
is entered
into
for
the
Employer
Member
under
authorization
of
(145
7.:e-6-04-12--ic--ee
y
(EMPLOYER
MEMBER)
at
duly
called
held
on
January
26,
1998
meeting
(Date
of
Meeting)
By
Paul
Grohman
(SI
RE)
or
Printed
Name)
(Typed
Authorized
Official
City
Manager
Title
Date
January
27,
1998
This
Agreement
into and
Appointment
Accepted
By:
Entered
The
Municipal
League
Group
Benefits
Risk
Pool
at
Austin,
Texas
Texas
By
Date
Interlocal
Agreement (rev. 8/28/97) Page 4
WHEREAS,
GBRP,
successor
WHEREAS
WHEREAS,
and
the
into
TML-GBRP
its
Program
to
a
of
this
legal
authorize
the
the
board
the
the
the
the
Code)
the
agreement
that
TML-GBRP
and
it
and
is
in
together
of
by
agreed
created
Municipal
governing
the
the
Municipal
and
consideration
the
the
in
the
employees,
Board
political
to
State
Employer
for
Employer
enters
upon
by
Municipal
INTERLOCAL
(RISK
League
Trust
political
body
of
League
by
of
into
benefit
in
interest
has
retirees
Code
Members
subject
PARTICIPATING
Member
this
of
Insurance
the
coverages
subdivisions
League
Group
Interlocal
political
the
acted
of
covenants
agreement
including
Austin,
accepts
or
to
represents
has
this
Benefits
by
dependents.
League
covered
Group
political
Code),
9,
the
the
the
Subtitle
agreement
Benefits
state
vote,
purpose
B
established
herein
it
all
The
Risk
and
selected
under
a
at
benefits
and
forth
hereinafter
created;
political
facts
be
a
herein
of
Pool
governed
Cooperation
Property
The
duly
its
the
providing
hereinafter.
this
held
Subdivision
Risk
May
and
officers
benefits
identical
will
operation
conditions
set
called
agreement,
and
subdivision
issues
in
1,
Pool
forth,
be
Code).
referred
by
1979;
trust
trustees,
certain
provided
and
and
Act
plan;
to
it
the
or
of
by
Uniform
deems
administer
of
and
The
employees,
(Chapter
the
posted
to
of
as
and
the
relevant
TML-
public
Group
is
pool.
state
791,
with
and
the
the
the
to
of
Texas
AGREEMENT
Texas
majority
Agreement;
examined
the
and
for
TML-GBRP
parties
of
agreement
Fund
the
the
Group
trust
MEMBER)
Risk
that
other
subdivision
Texas
in
Interlocal
is
and
the
Pool,
the
entity
Texas
(Chapter
designate
is
Texas
TML-GBRP
undersigned
laws
undersigned
agreements,
Trust
provided
subdivisions
that
determined
money
other
Trustees
this
the
of
Government
Municipal
and
become
best
obtain
with
Local
participate
172,
the
under
Employer
risk
meeting,
WHEREAS,
and
enter
NOW,
political
similar
coverages
authority
Benefits
Government
Members
business
All
any
agreements
the
subdivision,
THEREFORE,
interlocal
substantially
together
the
undersigned
benefits
membership
subdivision,
and
of
of
hereby
property
for
transferred
set
Political
executing
supervise
their
officials,
and
which
are
interlocal
to
Texas
Texas
performance
the
(Title
the
Texas
Benefits
will
Board
Texas
the
as
participants.
of
between
may
Trustees
in
Interlocal
Agreement (rev. 8/28/97) Page 1
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 Bylaws
to supervise the operation of the TML-GBRP.
"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 a political subdivision.
"Plan" or "Plans" mean the TML-GBRP benefit plan(s) selected and adopted by the Employer
Member.
"Political subdivision" means any legal entity included within the definition of political
subdivision in Chapter 172, Local Government Code or Chapter 791, Government Code, or
otherwise qualified as a political subdivision under Texas Law.
"TML-GBRP" means the Texas Municipal League Group Benefits Risk Pool.
2. The Employer Member agrees to be bound by this Interlocal Agreement and the bylaws, policies and
procedures established by the TML-GBRP which collectively establish the conditions for membership in
the TML-GBRP.
3. The Employer Member will adopt one or more of the TML-GBRP plans and make the payments and
contributions set forth in the Summary of Benefits. 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 contributions shall be paid from then current
revenues and be available for payment of eligible benefits and administrative expenses for all
participating Employer Members.
4. This agreement shall terminate at the expiration of twenty one (21) years from May 1, 1979 Except
as may be otherwise specified in the TML-GBRP bylaws, this agreement may also be terminated by
either the Employer Member or the TML-GBRP upon 30 days written notice which will become
effective on the first day of the month following the 30 day notice. The TML-GBRP may terminate this
agreement for non-payment of a payment or contribution immediately upon delinquency as determined
by the TML-GBRP rules and regulations. Retroactive termination is not permitted and any terminated
Employer Member shall not be entitled to any future excess contribution refunds or credits.
5. Every Employer Member shall furnish all the information the TML-GBRP 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 plans. The TML-GBRP may amend the rules, regulations and bylaws at
anytime to the extent it deems advisable except that no amendment shall change the purpose of the
TML-GBRP. The TML-GBRP may employ and contract with a third party administrator.
6. The TML-GBRP will purchase excess loss coverage or reinsurance as provided in Chapter 172, Local
Government Code, and all Employer Members are subject to the terms and conditions of any such excess
loss coverage or reinsurance agreement.
Interlocal Agreement (rev. 8/28/97) Page 2
7. Each Employer Member will designate and appoint a coordinator of department head rank or above
and agrees that the TML-GBRP 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-GBRP.
8. The Employer Member hereby appoints the TML-GBRP as it 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-GBRP.
9. The TML-GBRP 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 including, but not limited to Chapter 172
of the Local Government Code. A summary financial report will be provided to each Employer Member
annually.
10. All monies available for investment shall be invested by the TML-GBRP in compliance with the
Public Funds Investment Act of 1987 (TEX. REV. Ctv. STAT. Atmi. art. 842a) or the Texas Trust Code
(Subtitle B, Title 9, Property Code).
11. 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.
12. The Employer Member agrees to indemnify and hold harmless the TML-GBRP 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.
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-GBRP. The
Employer Member agrees that the employees and the Board of Trustees of the TML-GBRP and
individuals and entities with whom the TML-GBRP contract for staff functions may receive coverage
and plan benefits.
14. Each Employer Member acknowledges that some plan benefits are provided in accordance with
Chapter 172 of the Local Government Code. These benefits are not insurance and the TML-GBRP is not
an insurer under the Insurance Code or other laws of the state.
15. The Employer Member and the TML-GBRP may contract for additional administrative services
related to the Employer Member's employee benefit programs.
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.
Interlocal Agreement (rev. 8/28/97) Page 3
TO BE COMPLETED BY EMPLOYER MEMBER:
EMPLOYER MEMBER BENEFITS COORDINATOR
Title
Mailing Address
/9
Street Address (if different from above)
•
•
ZatA SAvt-", ~357• 7 75e/
City/State/Zip
Phone al/-- i-iS .014-// j t- c_3<4 2--
FAX 2(/- 997-3625
4
Interlocal Agreement (rev. 8/28/97) Page 5