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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. 3 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. 4 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 5 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 6 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. 7 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 8 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 8 JEF-282697-3