HomeMy WebLinkAbout2017 Service AgreementCITY OF SEBASTIAN POLICE PENSION BOARD
PLAN ADMINISTRATOR SERVICES AGREEMENT
THIS AGREEMENT made this 14thday of June , 2017, by and between the CITY
OF SEBASTIAN, a municipal corporation of the State of Florida, 1225 Main Street,
Sebastian, Florida, 32958, ("City") and the CITY OF SEBASTIAN POLICE PENSION BOARD
OF TRUSTEES ("Board").
WHEREAS, the Board desires to engage a plan administrator who has special and
unique competence and experience in providing services on behalf of Board; and,
WHEREAS, the City represents that it has such competence and experience in
providing these services; and,
WHEREAS, the Board in reliance on such representation has selected the City in
accordance with the requirements of law; and,
WHEREAS, the City and the Board desire to reduce to writing their understandings
and agreements on such services.
IT IS, THEREFORE, AGREED as follows:
1. Recitals. The above recitals are incorporated herein as if set forth in their entirety.
2. Agreement: The Board and the City understand and agree that this Agreement
shall cover services, as described in Exhibit A, which is attached hereto and
incorporated herein by this reference, which the City is providing to the Board. This
Agreement is not an exclusive agreement and the Board may employ other
consultants, professional or technical personnel to furnish services for the Board as
the Board in its sole discretion finds it in their best interest.
3. Employment of Plan Administrator: The Board hereby agrees to engage the
City and the City hereby agrees to perform plan administrator services for the
Board in accordance with this Agreement. The City's services are enumerated in
Exhibit A (Scope of Services").
4. Project Schedules: The City shall perform the plan administrator services
outlined under Paragraph 3 of this Agreement in a timely manner consistent with
the assignment schedules as mutually agreed upon by the Board and the City.
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5. Joint Cooperation: Close collaboration and cooperation shall be maintained by
the City with representatives of the Board and the Board will be entitled at all times
to be advised, at its request, of the status of work and of the details thereof. The
Board shall furnish to the City all pertinent existing information deemed necessary
by the City to be relevant to the execution of the Work. The Board will have the
right to inspect the work of the City at any time. Either party to this Agreement may
request and be granted a conference.
6. Termination: The provisions of this Agreement may be terminated by the Board
with or without cause. If terminated without cause by the Board, at least thirty (30)
days written notice of such termination shall be given to the City.
a. (In the event the Board without cause abandons, terminates or suspends
this Agreement, the City shall be compensated for services rendered up to
the time of such termination on a quantum meruit basis and documents
generated by the City shall remain the property of the Board as outlined in
Paragraph 12.
b. In the event the City terminates this Agreement without cause, all reports,
information, and data prepared by the City under this Agreement shall be
considered property of the Board. The Board may enter into an agreement
with others for the completion of the work under this Agreement and the City
will be held harmless for the work of others.
7. Compensation and Payments: The Board will pay the City a monthly fee of two
thousand dollars ($2,000.00). The City shall prepare an invoice each month and
request payment from the Board's Custodian.
8. Reimbursement of Costs: The City's expenses are included within the agreed
monthly rate and no additional expenses shall be reimbursed without written
amendment of this Agreement.
9. Term: This Agreement shall commence on October 1, 2017 and be automatically
renewed until terminated.
10. Right to Work Products: No reports, data, programs or other material produced
in whole or in part under this Agreement shall be subject to copyright by the City in
the United States or in any other country. The Board or its assigns shall have the
unrestricted authority to publish, disclose, distribute and other wise use, in whole or
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in part, any reports, data, programs or other material prepared under this
Agreement. All information, findings, plans and data prepared or obtained under
this Agreement shall remain the property of the Board and are strictly for its use.
Any use of any plans and information by the City except the use reasonably
contemplated by the Board at the time the Board entered this Agreement will be at
the Board's risk and City, its officers, directors and employees will be held
harmless from such use.
11. Personnel: The City represents that it will secure at its own expense all personnel
and sub -consultants required for services which are necessary as described under
Exhibit "A" of this Agreement. All services described under Exhibit "A" of this
Agreement shall be performed by the City and all persons engaged in work under
the Agreement shall be qualified to perform such services and authorized under
federal, state and local laws to perform such services. Personnel who perform
services under this Agreement shall be employees of the City.
12. Responsibility of the City:
a. The City shall be responsible for the professional quality, technical accuracy,
timely completion, and reports and other services furnished by the City
under this Agreement. The City shall, without additional compensation,
correct or revise any errors or deficiencies in reports and other services.
b. The rights and remedies of the Board provided for under this Agreement are
in addition to any other rights and remedies provided by law.
13. Compliance with the Law: The City expressly agrees to comply with all known
laws and regulations relating to providing services under this Agreement. The
failure of the City to adhere to any known law or regulation pertaining to furnishing
services under this Agreement shall constitute a material breach of this Agreement.
14. Board's Responsibilities:
a. The Board shall render decisions in a timely manner pertaining to
documents submitted by the City in order to avoid unreasonable delay in the
orderly and sequential progress of the City's services.
b. Prompt written notice shall be given by the Board to the City if the Board
becomes aware of any fault or defect in the work or nonconformance with
these Contract Documents.
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c. In the event of termination not the fault of the City, the City shall be
compensated for services performed prior to termination.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed, the day and year first above written.
FOR THE SEBASTIAN BOLICE OFFICERS PENSION BOARD:
Steve Marcinik, Chairman
FOR THE CITY OF SEBASTIAN, FLORIDA:
ATTEST (SEA!-):
Jeanette Williams, City Clerk
Approved as to form and legality for
Reliance by the City of Sebastian only:
Robert Ginsburg, City Attorney
— j6-/f-� -
Joseph Griffin, City Manager
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EXHIBIT A
CITY OF SEBASTIAN POLICE OFFICERS' PENSION PLAN
CALENDAR OF ACTIVITIES AND SCOPE OF SERVICES
Updated September 2016
AS -NEEDED ACTIVITIES:
1. Verify and process payments from Trust Fund:
a. Board Member travel expense reimbursements.
b. Payments to Consultants.
2. Coordinate Board Member appointments:
a. Election of Police Officer Board Members.
b. Appointment of City Council Board Members.
c. City Council confirmation of Board appointed Member.
3. Maintain records of contracts and insurance.
4. Prepare Information Packet for New Board Members:
a. Ordinance.
b. Current Contracts and Insurance Policy.
5. Maintain file of approved minutes.
6. Maintain information on members:
a. Roster of retirees receiving pension benefits and health insurance.
b. Beneficiary information on each member.
7. Monitor Monthly Statements from Custodian (record accounting entries).
S. Handle processing of member request(s):
a. Discuss benefits with members.
b. Research details of members history/vesting.
c. Provide correct forms for member request(s).
d. Submit benefit calculation request to Actuary.
e. Coordinate with member(s) to complete paperwork:
I. Send members the actuarial calculations.
ii. Assist with completion of proper forms.
iii. Submit proper forms:
1. For approval by Pension Board.
2. For setting up regular payments by Custodian.
9. Handle Inspection and Copying of Public Records Request and Insure Redaction on Documents.
10. Monitor proposed changes to State Law.
11. Track items needing Board action at the next quarterly meeting.
12. Handle Special Board Meetings:
a. Compile agenda and back-up materials.
i. Minutes from prior meeting.
ii. Invoices to be paid.
iii. Provide information on presentations and items for Board action.
b. Coordinate attendance dates:
i. With Consultants.
ii. With Recording Secretary.
iii. With other parties.
c. Send agenda and back-up to Board Members or make arrangements for pick-up.
d. Post Public Notices of the meeting.
13. Coordinate presentation to City Council of proposed Ordinance changes.
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EXHIBIT A
CITY OF SEBASTIAN POLICE OFFICERS' PENSION PLAN
CALENDAR OF ACTIVITIES AND SCOPE OF SERVICES
Updated September 2016
JANUARY:
1. As -needed activities.
FEBRUARY:
1. As -needed activities.
MARCH:
1. As -needed activities.
2. Update Calendar of Activities (if needed).
3. Complete Annual State Report:
a. Gather information on current members.
b. Secure required forms from the Division of Retirement website.
c. Complete forms and obtain Chairperson and Secretary signatures.
4. 1" Quarter Board Meeting:
a. Compile agenda and back-up materials.
I. Minutes from prior meeting.
ii. Approval of Payments.
iii. Approval of Calendar of Activities.
iv. Investment and Performance Review.
v. Request for Update of Summary Plan Description (every two years)
vi. Report on completion of Annual State Report.
b. Coordinate attendance dates:
L With Recording Secretary.
ii. With other parties.
c. Send agenda and back-up to Board Members or make arrangements for pick-up.
d. Follow-up to document minutes and take action on Board directives.
APRIL:
1. As -needed activities.
MAY:
1. As -needed activities.
JUNE:
1. As -needed activities.
2. Request update of Summary Plan Description (every two years).
3. 2ND Quarter Board Meeting:
a. Compile agenda and back-up materials.
I. Minutes from prior meeting.
ii. Approval of Payments.
iii. Approval of Calendar of Activities.
iv. Investment and Performance Review.
v. Select Board Chairperson and Secretary (every two years)
vi. Approve the Summary Plan Description (if needed).
b. Coordinate attendance dates:
I. With Recording Secretary.
ii. With other parties.
c. Send agenda and back-up to Board Members or make arrangements for pick-up.
d. Follow-up to document minutes and take action on Board directives.
L Distribute the Summary Plan Description to Members (if needed).
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CITY OF SEBASTIAN POLICE OFFICERS' PENSION PLAN
CALENDAR OF ACTIVITIES AND SCOPE OF SERVICES
Updated September 2016
JULY:
1. As -needed activities.
2. Board Members should file Financial Disclosure forms by July 1".
AUGUST:
1. As -needed activities.
2. Handle receipt of State premium tax monies:
a. Record receipt to City.
b. Have Mayor acknowledge receipt to the State.
c. Wire monies to Trust Fund.
SEPTEMBER:
1. As -needed activities.
2. File for administrative hearing, if State premium tax monies are not received.
3. Request Rate of Return Comparisons from Actuary.
4. Develop report on actual expenses and establish a budget for the next year.
5. 3`d Quarter Board Meeting:
a. Compile agenda and back-up materials:
i. Minutes from prior meeting.
ii. Approval of Payments.
iii. Agree on Quarterly Meeting dates for following year.
iv. Approval of Calendar of Activities.
v. Investment and Performance Review.
vi. Report on Determination and Disclosure of Illiquid Assets/Securities.
vii. Report on receipt of State premium tax monies.
viii. Year-to-date expenses and budget for the next year.
ix. Information on Election Process for Police Officer Board Members (if needed).
b. Coordinate attendance dates:
i. With Recording Secretary.
ii. With other parties.
c. Send agenda and back-up to Board Members or make arrangements for pick-up.
d. Follow-up to document minutes and take action on Board directives.
i. Request City Council confirmation of Board appointed Member (if needed).
ii. Request City Council action on City Council appointed Members (if needed).
iii. Advertise and conduct election of Police Officer Members (if needed).
6. Provide Actuary a report of annual wages/deductions of active/terminated members.
OCTOBER:
1. As -needed activities.
2. File report on actual expenses and budget for the next year:
a. With the City as Plan Sponsor.
b. With the State Department of Management Services.
c. With Chairperson to make available to members.
3. File report on investments to the City Council.
4. Update City website:
a. Rate of Return Comparisons from Actuary.
b. Actual expenses and budget for the next year.
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EXHIBIT A
CITY OF SEBASTIAN POLICE OFFICERS' PENSION PLAN
CALENDAR OF ACTIVITIES AND SCOPE OF SERVICES
Updated September 2016
NOVEMBER:
1. As -needed activities.
2. Review Operating Rules and develop any recommended changes.
3. Renew Police Pension Board liability insurance policy.
4. Confirm schedule for receiving the Actuarial Report.
5. Request Updates of:
a. Expected Rate of Return.
b. GASB 67/68 Report.
c. Report on Return and Asset Allocation.
DECEMBER:
1. As -needed activities.
2. Receive Actuarial Report:
a. Distribute to Board Members.
b. Provide Copy to City Auditors.
3. 4`" Quarter Board Meeting:
a. Compile agenda and back-up materials:
L Minutes from prior meeting.
ii. Invoices to be paid.
iii. Approval of Calendar of Activities.
iv. Consider Updates to Operating Rules.
v. Report on Actual Operating Expense for the year.
vi. Investment and Performance Review.
vii. Consider Recommended Updates to Investment Policy and Allocation Strategy.
viii. Accept the Actuarial Report.
ix. Approve Expected Rate of Return.
x. Confirm renewal of Liability Insurance Policy.
b. Coordinate attendance dates:
i. With Recording Secretary.
ii. With other parties.
c. Send agenda and back-up to Board Members or make arrangements for pick-up.
d. Follow-up to document minutes and take action on Board directives.
L Update City Website and give required notices of Changes to Investment
Allocation Strategy and Investment Policy.
1. To the City Council.
2. To the Actuary and Other Consultants.
3. To the State.
ii. Update City Website for Actuarial Report.
iii. Update City Website and give required notices of Expected Rate of Return:
1. To the City Council.
2. To the Actuary and Other Consultants
3. To the State.
4. Post Actuary s GASB 67/68 Report to the City Website.
5. Post Report on Return and Asset Allocation to City Website.
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