2017-270ORDINANCE NO. 2017-270
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL PARTICIPATION AGREEMENT WITH THE PUBLIC EMPLOYEE
BENEFIT ALLIANCE UNDER SECTION 791.001 OF THE STATE OF TEXAS
GOVERNMENT CODE, AND TO AUTHORIZE THE CITY OF DENTON TO
PARTICIPATE IN THE DEER OAKS EMPLOYEE ASSISTANCE PROGRAM;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN
EFFECTIVE DATE (FILE 6537 -COOPERATIVE PROGRAM AGREEMENT WITH THE
PUBLIC EMPLOYEE BENEFIT ALLIANCE FOR EMPLOYEE ASSISTANCE PROGRAM
IN THE THREE (3) YEAR NOT -TO -EXCEED AMOUNT OF $87,000).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager or his designee is hereby authorized to execute the
Interlocal Participation Agreement with the Public Employee Benefit Alliance under Section
791.001 of the Texas Government Code, a copy of which is attached hereto, and incorporated by
reference herein (the "Agreement").
SECTION 2. The City Manager or his designee is authorized to expend funds pursuant
to the Agreement for the purchase of various goods and services.
SECTION ,3. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under File 6537 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 2017.
C P ' 'W 1, S, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPR�E�D AS'(') LEGAL FORM:
AARON LEAL, INTERIM CITY ATTORNEY
Public !:2Ibme...1 "'am
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www.BuyPEBA.org
INTERLOCAL PARTICIPATION AGREEMENT
This Interlocal Participation Agreement (the "Agreement") is made by and between THe City
of Denton, a local government of the State of Texas (the "Member"), acting through its
[COMMISSIONERS' COURT, CITY COUNCIL, BOARD OF TRUSTEES OR OTHER GOVERNING BODY], and
the Public Employee Benefits Alliance ("PEBA"), as authorized by the Texas Interlocal Cooperation
Act, Texas. Gov't Code, Chapter 791.
1. RECITALS
1.1 The Member is a local government as "local government" is defined in Section 791.003
of the Texas Government Code.
1.2 As a local government, the Member performs certain governmental functions and
services as those terms are defined in Section 791.003 of the Texas Government Code.
1.3 The Member desires to join PEBA in order to cooperatively purchase goods, services and
other items to be used in the Member's provision of employee benefits.
1.4 The Member acknowledges that this Agreement is a contract with PEBA and that PEBA
at its discretion, may contract with other local governments.
1.5 Legality of contract. Member represents and warrants that (a) this agreement fully
complies with the laws of the state of its principal place of business and (b) Member has
full legal authority to enter into this agreement.
1.6 The Member's governing body has agreed to the terms and conditions of this Agreement
and has acted by majority vote, at a duly called and posted public meeting, to authorize
the execution of this Agreement and participation in PEBA.
2. AGREEMENT
2.1 Entry_i o I�EBA. For and in consideration of the premises and the mutual agreements
set forth in this Agreement, and other good and valuable consideration, the Member
enters into this Agreement for the purpose of joining PEBA.
2.2 PEBA Not an Insurer. PEBA is not an insurer. All benefits and related services purchased
through PEBA are...._
authorized pursuant to the Interlocal Cooperation Act (Chapter 791,
Texas Government Code) and other applicable provisions of Texas law.
2.3 ,Administrative Contract mmmwith the IEBP„and HEBP. PEBA may contract with the TML
Multistate Intergovernmental Employee Benefits Pool ("IEBP"), the Texas Association of
Counties Health and Employee Benefits Pool ("HEBP") or other entity to aid in the
performance of the Agreement and the operation of PEBA.
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3. TERMS AND CONDITIONS
3.1 Term and Termination. This term of this Agreement shall be for one year, commencing
as of the date of execution'by the second party to sign the Agreement. This Agreement
shall be automatically renewed annually for an additional one-year term without the
necessity of any action by the parties other than payment of the appropriate dues or
contribution. Either party may elect not to renew this Agreement by giving written
notice at least thirty (30) days prior to the end of the original term or any renewal term.
3.2 Agr emont_ Binds Members. Member agrees to be bound by this Agreement and the
Bylaws, policies and procedures of PEBA (as they are currently in force or hereafter may
be adopted or amended), which collectively establish the conditions for membership in
PEBA. The Bylaws of PEBA are incorporated herein by reference and made a part of this
Agreement for all purposes as if fully set out herein. Any amendment to the Bylaws shall
become binding on the Member immediately upon its adoption.
3.3 PEBA's Services, PEBA shall provide the administrative and support services, including
drafting bid or request for proposal ("RFP") documents, and conducting negotiations
with vendors, to allow Members to cooperatively purchase goods, services and other
items to be used in the Members' provision of employee benefits.
3.4 PEBA Proce-d urers and B.Y_aws. Member shall furnish all the information that PEBA deems
necessary and useful for the purposes of this Agreement and shall abide by the
procedures and Bylaws adopted for the administration of PEBA.
3.5 Payments and Conditions, Payments and contributions shall be made by the Member
to PEBA at Austin, Travis County, Texas on the dates and in such amounts as PEBA
requires. 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. Contributions and other payments received by PEBA
from Member will be held and managed for the benefit of the several Members, not the
individual officials, employees, retirees of the Member, or the dependents of these
officials, employees or retirees. All payments by Member under this Agreement shall
be from funds currently available to Member.
3.6 Coordinators. Member hereby designates and appoints, as indicated in the space
provided below, a PEBA Coordinator of department head rank or above and agrees that
PEBA shall not be required to contact or provide notices to any other person. Further,
any notice to, or agreement by, Member's PEBA Coordinator, with respect to services
hereunder, shall be binding on the Member. Member reserves the right to change its
PEBA Coordinator from time to time by giving written notice to PEBA. For purposes of
this Agreement, the change of PEBA Coordinator becomes effective when PEBA receives
notice of the new coordinator.
3.7 Plan Administrator. PEBA is not a plan administrator of any employee benefits plan.
Member will serve as its own plan administrator, or designate another entity to carry
out the functions of Plan Administrator. Each Member retains the rights, duties and
privileges of the Plan Administrator and acknowledges it has all responsibility for
Rev 12.2.14 Page 2 of 4
PEBA )"ur•t'lc°boartifm Interlocal
compliance with all state and federal laws applicable to employee benefits for its
employees and Plan participants.
3.8 Member Res onsible. Member acknowledges that it may choose which goods or
services or items (if any) it wishes to purchase collectively through PEBA and that there
is no obligation to participate in any bid or RFP issued through PEBA. Member further
acknowledges that when goods or services or items are purchased through PEBA, the
Member, and not PEBA, is responsible for the payment for these goods or services or
items. This Agreement shall not be exclusive, and each Member shall be free to make
any Interlocal Agreement for services with any other Member or nonmember local
government.
4. ADMINISTRATIVE PROVISIONS
4.1 Amendment. This Agreement shall represent the complete understanding of the parties
and may not be amended or modified other than in a written agreement signed by the
parties, or as otherwise provided under this Agreement.
4.2 „ icLjible Law. This Agreement is entered into, is executed and is performable in the
State of Texas, County of Travis, and all questions pertaining to its validity or
construction shall be determined in accordance with the laws of the State of Texas.
4.3 Acts of Forbewawrance. No act of forbearance on the part of either party to enforce any of
the provisions of this Agreement shall be construed as a modification of this Agreement,
nor shall the failure of any party to exercise any right or privilege herein granted be
considered as a waiver of such right or privilege.
4.4 Notices. Any notice required to be given or payment required to be made to PEBA shall
be deemed properly sent if addressed to:
(For cities, school boards and related entities)
Public Employee Benefits Alliance
c/o ASO Manager
1821 Rutherford Lane, Suite 300
Austin, TX 78754-5151
and deposited in the United States mail with proper postage. PEBA may change its
address by giving notice to the Members.
4.5 Effect of Partial Invalidity_; Venue. If any part of this Agreement 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.
Rev 12.2.14 Page 3 of 4
4.6 Exclusive Right to Enforce. PEBA and the Member have the exclusive right to bring suit
to enforce this Agreement, and no other party may bring suit, as a third -party
beneficiary or otherwise, to enforce this Agreement.
EXECUTION
IN WITNESS WHEREOF, we hereunto affix our signatures as of the date indicated below.
PUBLIC EMPLOYEE BENEFITS ALLIANCE
. :_
EMBE
IM
Date:
By:
Date: �.. ...� -vc� ........_
Approved as to Legal form: By:
MEMBER'S PEBA COORDINATOR
Name:
Address:
Phone Number:
E-mail:
APPROVED TO FORM:
CITY ATTORNEY
CITY OF DENTON, TEXAS
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