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Resolution No. 95-24 CITY OF TIGARD, OREGON RESOLUTION NO. 95-�_ A RESOLUTION OF THE CITY OF TIGARD COUNCIL i.STAB1.1^.*z111KC; A MONEY PURCHASE RETIREMENT PLAN & TRUST TO PROVIDE FOR MANDATOR'.? EMPLOYEE CONTRIBUT`ONS WHEREAS, the Employer, hereinafter referred to as the "City," has employees rendering valuable services; and WHEREAS; the establishment of a money purchase retirement plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of deal.:::; and WHEREAS, the City desires that its money purchase retirement plan be administered by the ICMA Retirement Corporation and that the funds held under such plan be invested in the ICMA Retirement Tru.. t, a. trust estab.ished by public employers for the collective investment of funds held under their rrc-tirement and deferred compensation plans. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Secti.orl I. The City hereby establishes a money purchase retirement plan (the "Plan") in the form of the ICMA Retirement- Corporation etirementCorporation prototype Money Purchase Pian and Trust, pursuant to the specific provisions of tite Adoption Agreement (executed copy attached_ hereto). Section 2. The Plan shall be maintained for the exclusive benefit of eligible employees and their beneficiaries. Section 3. The City hereby executes the Declaration of Trust of the ICMA Retirement Trust, attached hereto, intending this execution to be operative kth respect to any retirement of deferred compensation plan subsequently established by the City, if the assets of the plan are to be invested in the ICKA retirement trust. Section h. The City hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the IC14A Retirement Trust. Section 5. The City Administrator shall be the coordinator for the Plan; shall receive necessary reports, notices, etc., from the ICMA Retirement Corporation or the IC14A Retirement Trust; shall cast, on behalf of the City any reWuired votes under the TCMA. Retirement Trust; may delegate any administrative duties relating to the Plan to the appropriate departments. RESOLUTION NO. 95-_04 Page 1 Section 6. The City hereby autnorizea the City Administrator to execute all necessary agreements with the•ICMA Retirement Corporation_ incidental to the administration of eche Plan. PASSED: This 3 r6 day of Q , 1995. O Mayo City of T gar ATTEST; - City Re or�RJder - City of I, Catherine Wheatley, City Recorder of Tigard, do hereby certify that the foregoing resolution presented to the Tigard City Council was duly passed and adopted by the Council of the City at a regulate meeting thereof assembled this 23rd day of May, 1995. Ayes: ( &1 )For /\-/i CL)U Nays: NJ�t/c Absent CoLk C(tur-Rch(i o t iY! o i Catherine Wheatley � City Recorder, City of Tigard h:\login\csthy\retire res RESOLUTION NO. 95--')q Page 2 ICNIA RETIRENIEN"r + CORPORATION ADMINISTRATIVE SERVICES AGREEMENT Type: 401 Account Number: 9375-9 ICSIA Plan # 9375-9 RETIREMENT • CORPORATT.Ov ADMINISTRATIVE SERVICES AGREEMENT / / This Agreement,made as of the o��� day of -6L 199 S',(herein referred to as the "Inception Date"), between The International City Managcn,jent Association Retirement Corporation ("RC"), a nonprofit corporation organized and existing under the laves of the State of Delaware;and the City of Tigard ("Employer"),a City organized and existing under the laws of tho State of Oregon with an office at 13125 S.W. Hall Boulevard, Tigard, Oregon 97223. Recitals Employer acts as a public plan sponsor for a retirement plan("Plan")with responsibility to obtain investment alternatives and services for employees participating in that Plan; The ICMA Retirement Trust(the"Trust")is a common lave trust governed by an elected Board of Trustees for the commingled investment of retirement funds held by state and local governmental units for their employees; RC acts as investment adviser to the Trust; RC has designed, and the Trust offers,a series of separate funds (the "f=unds")for the investment of plan assets as referenced in the Trust's principal disclosure document,"Malting Sound Investment Decisions: A Retirement Investment Guide." The Funds are availacle only to public employers and only through the Trust and RC. v In addition to serving as investment adviser to the Trust, RC provides a complete offering of services to public employers for the operation of employee retirement plans including,but not limited to,communications concerning investment a2ternatives, account maintenance, account record-keeping, investment and tax reporting,form processing, benefit disbursement and asset management. - 2 - ICau Plan 9375-9 RETIREMENT CORPORATION Agreements 1. Appointment of RC Employer hereby designates RC as Administrator of the Plan to perforin dl non-discretionary functions necessary for the administration of the Plan with respect to assets in the Plan deposited with the Trust. The functions to be performed by RC include: (a) allocation in accordance with participant direction of individual accounts to investment Funds offered by the Trust; (b) maintenance of individual accounts for participants reflecting arnounts deferred,income,gain,or loss credited,and amounts disbursed as benefits; (c) provision of periodic reports to the Employer and participants of the status of Plan investments and individual accounts; (d) communication to participants of information regarding their rights and elections under the Plan; and (e) disbursement of benefits as agent for the: Er-np;oyer in accordance with terms of the Plan. 2. Adoption of TruZt Employer has adopted the Declaration of Trust of the ICMA Retirement Trust and agrees to the commingled investment of assets of the Plan within the Trust. Employer agrees that operation of the Plan and investment, management and disbursement of amounts deposited in the Trust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions ��t: rwinh . in disclosure documents (such as the Retirement investment Guide or Employer Bulletins)as those terms and conditions may be adjusted from time to time. It is understood that the term "Employer Trust" as it is used in the Declaration of Trust shall mean this Administrative Services Agreement. 3. Emoloyer Duty to Furnish Inforr-mation Employer agrees to furnish to RC on a timely basis such information as is necessary for RC to carry out its responsibilities as Administrator of the Plan, including information needed to allocate individual participant accounts to Funds in the Trust, and information as to the employment status of participants, and participant ages, addresses and other identifying information (including tax identification numbers). RC shall be entitled to rely upon the accuracy of any information that is - 3 - :cola Plan # 5975-9 RETIREMENT CORPORATION furnished to it by a responsible official of the Employer or any information relating to an individual participant or beneficiary that is furnished by such participant or beneficiary, and RC shall not be responsible for any error arising from its reliance on such information. If within ninety(90)days after thQ mailing of any report,statement or accounting to the Employer or a participant, the Employer or participant has not notified RC in writing of any error or objection,such report, statement,or accounting shall be deer-Fied to have been accepted by the Employer and the participants. 4, in_Representations, War..*anties, and Covenants RC represents and warrants to Employer that: (a) RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. The ability of RC to serve as investment adviser to the Trust is dependent upon the continued willingness of the Trust for PC to serve in that capacity. (b) RC it an investment adviser registered as such with the Securities 1 and Exchange Commission under the Investment Advisers Act of 1940,as amended. ICMA-RC Services, Inc. (a wholly owned subsidiary of RC) is registered as a broker- dealer with the Securities and Exchange Commission'(SEC) and is a member in good standing of the National Association of Securities Dealers, Inc. RC covenants with employer that: (c) RC shall maintain and administer the Plan in compliance with the requirements for plans which satisfy the qualification requirements of Section 401 of the Internal Revenue Code; provided, however, RC shall not be responsible for the qualified-status of the Plan in the event that the Employer directs RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 401 or otherwise causes the Pian not to be carried out in accordance with its terms; provided,further,that if the plan document used by the Employer contains terms that differ from the terms of RC's standardized plan document, RC shall not be responsible for the qualified status of the Plan to the extent affected by the differing terms in the Employer's plan document. Employer represents and warrants to RC that: (d) Employer is organized in the form and manner recited in the opening paragraph of this Agreement with full power and authority to enter into and perform its obligations under this Agreement and to act for the Plan and participants in the manner contemplated in this Agreement. Execution,delivery,and performance of this Agreement will not conflict with any law, rule, regulation or contract by which the Employer is bound or to which it is a party. - 4- ICNIA Plan # 9375-9 RETIREMENT CORPORATION 5. Participation in Certain Proceedings The Employer hereby authorizes RC to act as agent, to appear on its behalf,and to join the Employer as a necessary party in all legal proceedings involving the garnishment of benefits or the transfer of benefits pursuant to the divorce or separation of participants in the Employer Plan. The Employer consents to the disbursement by RC of benefits that have been garnished as transferred to a former spouse, spouse or child pursuant t.�a domestic relations order. 6. Compensation and Payment (a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.9%per annum of the amount of Plan assets invested in the Trust. Such fee shall be computed and paid monthly on plan assets in the Trust at the end of each month. (b) Account Maintenance Fee. There shall be an annual account maintenance fee of $25.005. The account maintenance fee is payable in full on January Z of each year on each account in existence on that date. For accounts established after January 1,t:ee fee is payable on the first day of the calendar quarter following establishment and is prorated by reference to the number of calendar quarters remaining on the day of payment. (c) Compensation for Advisory Services to the Trust. Employer acknowledges that in.addition to amounts payable under this Agreement, RC receives fees from the Trust for investment advisory services furnished to the Trust, (d) Payment Procedures. All payments to RC pursuant to this Section 6 shall be paid out of the Plan Assets held by the Trust and shall be paid by the Trust. The amount of Plan Assets held in the Trust shall be adjusted by the Trust as required to reflect such payments. 7. Custody Employer understands that amounts invested in the Trust are to be remitted directly to the Trust in accordance with instructions provid3d to Employer by RC and are not to be remitted to RC. In the event that any check or wire transfer is incorrectly labelled or tray-ferred to RC, RC is authorized, acting on behalf of the transferor, to transfer such check or wire transfer to the Trust. 8. Resoonsibility RC shall not be responsible for any acts or omissions of any person other than RC in connection with the administration or operation'of the Plan. - 5 - tCMA Plan #9375-9 RETIREMENT CORPOR.ITION 9. Term This Agreement may be terminated without penalty by either party +n sixty days advance notice in writing to the other. 10. Amen menu and Adjustments (a) This Agreement may not be amended except by written instrument signed by the parties. (b) The parties agree that compensation for services Linder this Agreement and administrative and operational arrangements may be adjusted as follows: RC may propose an adjustment by written notice to the Employer given at least 60 days before the effective date of the adjustment and the notice may appear in disclosure documents such as Employer Bulletins and the Retirement Investment Guide. Such adjustment shail become effective unless,within the 60 day period before the effective date the �Employer notifies RC in writing that it does not accept such adjustment, in which event RC shall be under no obligation to provide services under this Agreement. (c) No failure o exercise and no delay in exercising any right, remedy, do power or privilege hereunder shall operate as a waiver of such right, remedy, power or privilege. 11. rvoi;og�a All notices required to be delivered under this Agreement shall be delivered personally or by registered or certified mail, postage prepaid,return receipt requested,to (i) RC at 777 worth capitol Street, N.E., Suite 600, Washington,®.C, 20002-4240; (ii) Employer at the office set forth in the first paragraph hereof, or to any other address designated by the party to receive the same by written notice similarly given. 12. CcZmolete Agreement This Agreement shall constitute the sole agreement between RC and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the other as of its date. Any prior agreements, promises,negotiations or representations,verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. - 6 ICNIA Plan # 9375-9 RETIREMENT CORPORATION 13. Governing Law This agreement shall be governed by and construed in accordance'with the laws of the State of Oregon applicable to contracts made in that jurisdiction ovithout reference to its conflicts of laws provisions. In Witness Whereof,the parties hereto have executed this Agreement as of the Inception Date first above written. CITY OF TIGARD by: Signature/Date Name and Title (Please Print) INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION Ile by: Stephen Wm. Nordholt/Date Corporate Secretary - 7 -