HomeMy Public PortalAboutORD15640 BILL NO. 2016-122
SPONSORED BY COUNCILMA� �,N Prather
ORDINANCE NO. 1 57 1/�/
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE ON BEHALF OF THE
CITY OF JEFFERSON A JOINDER AGREEMENT AND NONDISCLOSURE
AGREEMENT BETWEEN THE CITY OF JEFFERSON, MISSOURI, AND THE BOARD
OF TRUSTEES OF THE MISSOURI LOCAL GOVERNMENT EMPLOYEES
RETIREMENT SYSTEM.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized to execute a Joinder
Agreement and Nondisclosure Agreement with the Missouri Local Government
Employees Retirement System regarding the Firemen's Pension Fund.
Section 2. The Joinder Agreement shall be substantially the same in form and
content as that agreement attached hereto as Exhibit A. The Nondisclosure Agreement
• shall be substantially the same in form and content as that agreement attached hereto
as Exhibit B.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: (i(2),(:) til 13 . 17 Approved: Ara ?O 1-7
a -1Cipth,t;
Pre,-jng Officer Mayor Carrie Tergin
ATTEST: APPROVED AS TO FORM:
ity Cl rk City •r(nselor
JEF-282697-3
EXHIBIT A
JOINDER AGREEMENT
2
JEF-282697-3
Joinder Agreement
WHEREAS, the.City Council of the City of Jefferson, Missouri, ("City") is an employer
in the Missouri Local Government Employees Retirement System ("LAGERS") and is the
sponsor of the Firefighters' Retirement Plan of the City of Jefferson, Missouri (the "Plan"),
which is a plan that is similar in purpose to LAGERS within the meaning of Section 70.621.1
RSMo; and
WHERAS, the Board of Trustees of the Firemen's Pension Fund of the City of Jefferson
("Pension Board"), Missouri is the current governing body of the Plan; and
WHEREAS, the Plan is frozen, and the City and Pension Board wish to enter into an
agreement whereby LAGERS assumes all duties and responsibilities of operating the Plan,
effective no later than July 1, 2017; and
WHEREAS,the current Pension Board for the Plan will dissolve and LAGERS will
assume all operational duties and responsibilities for the Plan, and the board of LAGERS shall
become the governing board of the Plan in accordance with Section 70.621 RSMo; and
WHEREAS,the City agrees that any and all surplus assets of the Plan shall be transferred
to the employer accumulation fund created pursuant to Section 70.710 RSMo for the City under
LAGERS upon the termination of the Plan in a manner consistent with state and federal law and
regulations; and
WHEREAS, the City shall continue to have sole responsibility for full funding of the
Plan including related expenses.
WHEREAS, it is understood that in entering into this Agreement the City is also acting as
agent for the Board of Trustees of the Firemen's Pension Fund of the City of Jefferson, Missouri.
NOW, THEREFORE, in consideration of the mutual covenants and agreement contained
herein, the parties agree as follows:
1. The City of Jefferson, by and through the City Council, irrevocably delegates and cedes
to LAGERS all duties and responsibilities of operating the Plan in accordance with
Section 70.621 RSMo.
2. The board of LAGERS shall become the governing board of the Plan in accordance with
Section 70.621 RSMo..
3. Any and all surplus assets of the Plan shall be transferred to the employer accumulation
fund created pursuant to Section 70.710 RSMo for the City upon the termination of the
Plan in a manner consistent with state and federal law and regulations.
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JEF-282697-3
4. The City will timely make available to LAGERS staff all personnel and financial data
necessary for the administration of the Plan including the original files for each active
participant. Such original files will be sent to LAGERS.
5. In any case of question as to the membership status, eligibility for an amount of benefits,
or any other question related to benefits under the existing Firemen's Pension Fund,the
City agrees that LAGERS is to decide the question.
6. The City Administrator and the duly-authorized designees of the City Administrator are
hereby authorized, empowered, and directed to act on behalf of the City to take any and
all actions required to freeze the Firemen's Pension Fund and discontinue contributions to
it as required herein.
7. The City,to the extent permitted by law, agrees to hold LAGERS harmless from any
liability with respect to this transaction, apart from those obligations imposed on
LAGERS by Sections 70.600—70.755 RSMo.,provided the transaction is completed
according to the terms contained herein.
8. The City,to the extent permitted by law, agrees to indemnify and to hold LAGERS
harmless from any and all claims, liabilities, losses, damages, court costs and reasonable
expenses (including reasonable attorneys' fees)that LAGERS may incur or suffer as a
result of any discrepancy between the amount or other feature of the benefit of a
participant or beneficiary as determined by the City and communicated by the City to
LAGERS, and the amount or other feature of the benefit of a participant or beneficiary in
accordance with the Plan document as determined by LAGERS or as determined by a
final decision of a court with jurisdiction over the matter.
9. LAGERS,to the extent permitted by law, agrees to hold the City harmless from any
liability with respect to this transaction, apart from those obligations imposed on the City
under its Charter, Code, and Ordinances, provided the transaction is completed according
to the terms contained herein.
10. The City Administrator and the duly-authorized designees of the City Administrator are
hereby authorized and directed to take any and all actions required to place the foregoing
resolutions into effect, such actions must include amending applicable sections of the
City Charter and City Code, and revising relevant Ordinances, such actions are to be
taken promptly in accordance with local, state, and federal laws and procedures.
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JEF-282697-3
•
11. This Agreement will be effective as of the date agreed upon by the City and LAGERS
following the receipt by LAGERS of Plan participant and beneficiary data requested by
LAGERS and the determination by LAGERS that such data are reasonably acceptable.
12. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year last executed by a party below and acknowledge receipt of one copy of the contract.
CITY OF JEFFERSON, MISSOURI MISSOURI LOCAL GOVERNMENT
EMPLOYEES RETIRMENT SYSTEM
("6,(MA,Ce:T:b1,171
Mayor Carrie Tergin Title:
Date: "p - Say -7 Date:
A EST: ATTEST:
-e
ity Cleric`:' _ '� __ Title:
APPROVED AS TOE0 ► :
City o :elor
BOARD OF TRUSTEES OF THE
FIREMEN'S PENSION FUND OF THE CITY
OF JEFFERSON, MISSOURI.
%)‘-: X741Z
L
Title:
Date: 3^/6- 1
.ST:
•
-.d 4/4,/ (4744...4.0
Title:
APPROVED AS TO FO j :
ip
City •• ••elor
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JEF-282697-3
11. This Agreement will be effective as of the date agreed upon by the City and LAGERS
following the receipt by LAGERS of Plan participant and beneficiary data requested by
LAGERS and the determination by LAGERS that such data are reasonably acceptable.
12. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year last executed by a party below and acknowledge receipt of one copy of the contract.
CITY OF JEFFERSON, MISSOURI MISSOURI LOCAL GOVERNMENT
EMPLOYEES RETIRMENT SYSTEM
(1/
Mayor Carrie Tergin Title:
Date: Apia ciao I7 Date: 7,3 22al
A EST: ATTEST:
egAd
ity Clerk Titl . C6: (wain
APPROVED AS TO FO :
City o :elor
BOARD OF TRUSTEES OF THE
FIREMEN'S PENSION FUND OF THE CITY
OF JEFFERSON, MISSOURI.
i7dIA: LE‘`71-1.7
Title:
Date: 3—'6- i
ST:
) it/J0c.'
Title:
APPROVED AS TO FOj :
Aso' _.
City •u. elor
5
JEF-282697-3
EXHIBIT B
NONDISCLOSURE AGREEMENT
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JEF-282697-3
Nondisclosure Agreement
This Nondisclosure Agreement(the "Agreement") is entered into by and between the
City of Jefferson("City") and the Missouri Local Government Employees Retirement System
("LAGERS") for the purpose of preventing the unauthorized disclosure of Confidential
Information as defined below. The parties agree to enter into a confidential relationship with
respect to the disclosure of certain confidential information("Confidential Information").
1. Definition of Confidential Information. For purposes of this Agreement,
"Confidential Information" shall include all personnel and financial data necessary for the
administration of the Plan including the original files for each active participant that is a closed
record under the Missouri Sunshine Law, Chapter 610 RSMo.
2. Obligations of LAGERS. LAGERS shall hold and maintain the Confidential
Information in strictest confidence for the sole and exclusive benefit of the City. LAGERS shall
carefully restrict access to Confidential Information to employees, contractors, and third parties
as is reasonably required. LAGERS shall not, without prior written approval of City,use for
LAGERS's own benefit, publish, copy, or otherwise disclose to others, or permit the use by
others for their benefit or to the detriment of City, any Confidential Information. LAGERS shall
return to City any and all records,notes, and other written,printed, or tangible materials in its
possession pertaining to Confidential Information immediately if City requests it in writing.
3. Time Periods. The nondisclosure provisions of this Agreement shall survive the
termination of this Agreement and LAGERS's duty to hold Confidential Information in
confidence shall remain in effect until the Confidential Information no longer qualifies as a
closed record under the Missouri Sunshine Law or until City sends LAGERS written notice
releasing LAGERS from this Agreement, whichever occurs first.
4. Relationships.Nothing contained in this Agreement shall be deemed to constitute
either party a partner,joint venturer or employee of the other party for any purpose.
5. Severability. If a court finds any provision of this Agreement invalid or
unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent
of the parties.
6. Integration. This Agreement expresses the complete understanding of the parties
with respect to the subject matter and supersedes all prior proposals, agreements, representations,
and understandings. This Agreement may not be amended except in a writing signed by both
parties.
7. Waiver. The failure to exercise any right provided in this Agreement shall not be
a waiver of prior or subsequent rights.
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JEF-282697-3
s '
This Agreement and each party's obligations shall be binding on the representatives,
assigns, and successors of such party. Each party has signed this Agreement through its
authorized representative.
CITY OF JEFFERSON MISSOURI LOCAL GOVERNMENT
EMPLOYEES RETIREMENT SYSTEM
eamiu, By:
Mayor Carrie Tergin le4f161 Printed Name:
Title:
Dated: -;%./. 1 ,;,iii 17 Dated:
TEST: , -= ATTEST:
r ti •
ity Clerk Title:
Approved"as.to F e , _
City .• elor
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JEF-282697-3
t • •
`l
This Agreement and each party's obligations shall be binding on the representatives,
assigns, and successors of such party. Each party has signed this Agreement through its
authorized representative.
CITY OF JEFFERSON MISSOURI LOCAL GOVERNMENT
EMPLOYEES RETIREMENT SYSTEM
0.1/0/1/Le:
By
Mayor Carrie Tergin Printed amen ,`z ''-' T s v _cs
/ Title: - J 1/ ���r
Dated: j / ��,41 7 Dated: y /7
TEST: ATTEST:
1' 4 / /
ity Clerk Title: 4;e (ounsit
Approved as to F e :
City ,s I elor
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JEF-282697-3