HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-142Temp. Reso 12286
December 3, 2012
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. 2012 / 4 2----
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO EXECUTE AN
AGREEMENT WITH THE CITY OF TAMARAC GENERAL
EMPLOYEES' PENSION TRUST FUND TO PROVIDE
ADMINISTRATIVE SERVICES TO THE PENSION TRUST
FUND AND TO PERFORM THOSE DUTIES AND
RESPONSIBILITIES WHICH ARE DESCRIBED IN THIS
AGREEMENT EFFECTIVE OCTOBER 1, 2012, NUNC PRO
TUNC; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Section 16-69 of the City of Tamarac Code of Ordinances authorizes
the City of Tamarac General Employees' Pension Trust Fund Board of Trustees to
administer the pension system in all of its details and to engage professional and technical
services to administer the Pension Trust Fund's operations; and
WHEREAS, the proposed costs to have administrative services for the Pension
Trust Fund provided by an outside firm have increased by 65%; and
WHEREAS, The City of Tamarac has proposed to provide administrative services to
the Pension Trust Fund Board of Trustees at no cost to the Pension Trust Fund; and
WHEREAS, administration of the Pension Trust Fund by the City of Tamarac is a
more cost effective method to administer the program than the use of an outside firm; and
Temp. Reso 12286
December 3, 2012
Page 2 of 4
WHEREAS, the Pension Trust Fund Board of Trustees is familiar with the
experience and reputation of the City of Tamarac and its Human Resources Department in
providing administrative services; and
WHEREAS, the Pension Trust Fund has determined that it is in the best interest of
the participants and beneficiaries of the fund to engage the services of the City; and
WHEREAS, both parties have agreed to the terms, conditions and covenants of an
Administrative Services Agreement dated October 1, 2012, a copy of said Agreement is
attached hereto as Exhibit "1"; and
WHEREAS, available funds exist in the current budget with a slight enhancement
proposed in FY 2013 for said purpose; and
WHEREAS, the Directors of Human Resources and Financial Services recommend
execution of an Administrative Services Agreement effective October 1, 2012, nunc pro
tuns; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the citizens and residents of the City of Tamarac to exercise an
Administrative Services Agreement effective October 1, 2012, nunc pro tuns between the
Retirement System and the City of Tamarac, Florida.
Temp. Reso 12286
December 3, 2012
Page 3 of 4
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION L
The foregoing "WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof and all exhibits attached hereto are incorporated herein and made a
specific part of this resolution.
SECTION 2:
The appropriate City officials are hereby authorized to execute
an Administrative Services Agreement (Exhibit "1 ") between the City of Tamarac General
Employees' Pension Trust Fund and the City of Tamarac to allow the City of Tamarac to
provide administrative services to the Pension Trust Fund effective October 1, 2012, nuns
pro tuns.
SECTION 3:
All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4:
If any clause, section, other part or application of this Resolution
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 5:
passage and adoption.
This Resolution shall become effective immediately upon its
Temp. Reso 12286
December 3, 2012
Page 4 of 4
PASSED, ADOPTED AND APPROVED this 1A day of , 2012.
ATTEST:
PATRICIA TEUFEL, CMC
INTERIM CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
ff 1 11
', J�j
SAMOEL S. GORLN
CITY ATTORNEY
I1'1a-
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO 64
DIST 1: COMM. BUSHNEL
JK
DIST 2: V/M GOMEZ
DIST 3: COMM. GLAS R 642�
DIST 4: COMM. DR
ADMINISTRATIVE SERVICES AGREEMENT
BETWEEN
CITY OF TAMARAC GENERAL EMPLOYEES PENSION TRUST FUND.
I;T►TD
THE CITY OF TAMARAC, FLORIDA
This agreement made effective on the 1st day of October, 2012, by and between
the City of Tamarac General Employees' Pension Trust Fund (hereinafter
referred to as '"Retirement System") and the City of Tamarac, a Florida municipal
corporation (hereinafter referred to as "City').
WITNESSETH:
WHEREAS, Section 16-69 of the Code of Ordinances of the City of Tamarac
authorizes the Retirement System"s Board of Trustees to administer the pension system
in all of its details and to engage professional and technical services to administer the
Retirement System's operations; and
WHEREAS,
the City has proposed
to provide
administrative services to the
Retirement System's
Board
of
Trustees at no
cost to the
Retirement
System; and
WHEREAS, the Retirement System's Board of Trustees is familiar with the
experience and reputation of the City and its Human Resources Department in
rendering these services; and
WHEREAS, the Retirement System has determined that it is in the best interest
of the participants and beneficiaries of the fund to engage the services of the City upon
the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the foregoing and of the mutual
covenants and agreements contained herein, the parties agree as follows:
1
Section 1
City
A. Engagement —The Retirement System hereby engages and retains the
City and the City hereby accepts the engagement and retainer by the
Retirement System to serve as administrator of the Retirement System.
Be Duties and Responsibilities —Without limiting the generality of the
foregoing, it is mutually acknowledged and agreed that the City is
engaged to perform those duties and responsibilities of the Retirement
System as administrator which are delegated to it in accordance with the
express terms of this agreement.
C. Limitation of Authority —The City shall not:
1. Exercise any discretionary authority or discretionary control respecting
the policies, management or administration of the Retirement System;
or
2. Exercise any independent
management or disposition
except for the investment
and benefits; or
authority or control with respect to the
of the assets of the Retirement System,
of short-term cash used to pay expenses
3. Render investment advice with respect
the Retirement System,, except for the
used to pay expenses and benefits.
Section 2
Duration
to any monies or property of
investment of short-term cash
This agreement shall become effective on the 1st day of October, 2012 and shall
continue until otherwise terminated in accordance with the terms of this agreement.
Section 3
Fees
There shall be no fees for the provision of administrative services by the City to
the Retirement System for the duration of this agreement.
N
Section 4
Services
The City shall be responsible for and in
required of it by the Retirement System for the
the fund. Without limiting the generality of the
following services:
� charge of all administrative services
proper and complete administration of
foregoing, the City shall perform the
A. Attend all meetings of the Retirement System Board of Trustees,
committees and subcommittees and maintain the minutes of those
meetings.
B. Implement all policies and administrative related decisions of the
Retirement System with regard to the Retirement System's daily
operations.
C. Maintain all documents as may be required by the Retirement System.
D. Maintain statistical data for the Retirement System,, the Retirement
System's auditor and actuary, including vesting, benefit accrual,
compensation and eligibility history of participants when such are
needed or required.
E. Assist in the preparation and filing of all necessary government
reports.
F. Properly, adequately and effectively respond to inquiries by active and
retired participants or their beneficiaries, by the Retirement System or
the Retirement System's designated service providers
G. Assist in the design and development of all communications between
the Retirement System and the participants.
H. Attend any special meetings of the participants, as determined by the
Retirement System or the City, for the purpose of assisting and
explaining benefit coverage to participants and beneficiaries.
I. Develop, establish and control proper procedures for the recording of
all contributions, benefit payments, and disbursements of the
Retirement System.
3
J. Process all applications for benefits under the fund, including
applications for service -connected disability retirement, coordinating of
medical appointments and transmission of medical reports to the
Retirement System Board of Trustees.
K. Perform such other administrative and related advisory functions and
services as may from time to time be requested by the Retirement
System Board of Trustees.
Section 5
Obligations of City
It is mutually covenanted and agreed that all services rendered by the City to or
on behalf of the Retirement System shall be performed with reasonable dispatch and
shall be performed in a manner which is adequate and convenient to the Retirement
System and the participants and beneficiaries of the Retirement System, The City shall
familiarize itself with the basic documents under which the Retirement System is
established and render all services in accordance with said documents.
Section 6
Records
A. The City shall be responsible for assisting in the maintenance of records of the fund,
including in the computer system of the City.
B. In the course of performing its administrative services hereunder, the City shall
notify the Retirement System of any information, records or reports which are
necessary to maintain the business of the Retirement System and shall assist the
Retirement System in obtaining said information.
Section 7
Reports
The City shall work with and assist the Retirement System and their professional
advisors in the preparation of records and reports to be filed with government
departments or agencies, which are necessary to be disclosed and distributed to
participants and beneficiaries, and in complying with public records requests.
11
Section 8
Disclosure of Records
All information, including records and other data, which may come into the
possession of the City shall be subject to disclosure and production to the extent
required by the Public Records Act, Chapter 119, Florida Statutes, or upon compulsion
of a subpoena issued by a court of competent jurisdiction. The City shall timely
respond to all public records requests received by the Retirement System and shall be
entitled to keep all fees and charges paid by requesters.
Section 9
Excluded Items
It is understood and agreed by the parties that the City shall not be responsible
for the performance of the Retirement System's outside auditing, legal or financial
advisory services, except to the extent necessary to perform the City's duties
hereunder.
Section 10
Fidelity Bond and Insurance
The City agrees to maintain an appropriate fidelity bond or employee dishonesty
and errors and omissions insurance policy during the term of this agreement. The City
shall provide copies of the proof of said bond and insurance to the Retirement System.
Section ii
Damages
The City agrees it shall be liable to the Retirement System for any damages or
losses, which the Retirement System or the fund may incur as the result of grossly
negligent or intentional acts or omissions of the City or breach of this agreement,
subject to the monetary limits set forth in Fla. Stat. 768.28.
Section 12
Governing Law
This agreement has since been executed in Tamarac, Florida and shall be
governed and construed in accordance with the laws of the State of Florida. Venue for
any dispute shall be in Broward County, Florida. In the event that any action shall be
necessary for the enforcement of this agreement, the prevailing party shall recover its
court costs, including reasonable attorneys fees.
W1
Section 13
Entire Agreement
This agreement constitutes the entire understanding and agreement by the
parties hereto and shall not be modified, amended or revoked except by the express
written consent of the parties.
Section 14
Termination
This agreement
may be terminated by the Retirement System on
ninety (90)
days' written notice, or
by the City on ninety (90) days
written notice, with
or without
cause. In the event of
a termination, the City agrees to promptly (not to
exceed 30
days) turn over to the
successor administrator or such
other party designated by the
Retirement System, all
records, reports or documents
belonging to the
Retirement
System and
in possession of
the City.
IN WITNESS WHEREOF, the parties who caused this agreement to be
executed on the date set forth.
DATED at Tamarac, Florida this /4Z day of December, 2012.
CITY OF
PENSION.
By:
TAMARAC GENERAL EMPLOYEES
Print Name: John Fletcher
CITY,OF TAMARAC, FLORIDA
['
Print Name:
rol
Michael C. Cernech