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26-R-114 Interlocal TMLIRP Group Critical Illness InsuranceRESOLUTION 26-R-114 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH TEXAS MUNICIPAL LEAGUE INTERGOVERNMENTAL RISK POOL FOR GROUP CRITICAL ILLNESS INSURANCE WHEREAS, the City of Schertz, Texas (the "City"), is a political subdivision of the State of Texas; and WHEREAS, during the 89th Regular Session of the Texas Legislature, the Legislature enacted House Bill 4144 ("HB 4144'), relating to supplemental benefits for retired firefighters and peace officers diagnosed with certain diseases or illnesses; and WHEREAS, HB 4144 amended Chapter 607 of the Texas Government Code by adding Subchapter D, which provides benefits for certain diseases or illnesses suffered by certain retired firefighters and peace officers; and WHEREAS, HB 4144 applies to a firefighter or peace officer who retires from a fire department or law enforcement agency with at least 50 firefighters or peace officers, respectively; and WHEREAS, HB 4144 requires a qualifying political subdivision to provide a firefighter or peace officer who retires from the political subdivision with a critical -illness supplemental income benefit or comparable health benefit plan coverage if the firefighter or peace officer is diagnosed with a qualifying disease within three years after retirement, subject to the requirements and exceptions established by Chapter 607, Subchapter D, Texas Government Code; and WHEREAS, HB 4144 provides that the supplemental income benefit is the lesser of the firefighter's or peace officer's final yearly salary or $100,000, subject to statutory adjustments; and WHEREAS, the Texas Municipal League Intergovernmental Risk Pool ("TML- IRP") has established a group critical illness coverage program intended to assist participating political subdivisions in satisfying the requirements of HB 4144; and WHEREAS, the City Council finds that participation in the TML-IRP group critical illness coverage program provides an appropriate mechanism for the City to provide the benefits required by HB 4144, subject to the terms and conditions of the applicable interlocal agreement and insurance/coverage documents; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby the City Council desires to authorize the City Manager to execute the necessary interlocal agreement and related documents with TML- IRP and take all actions necessary to implement the coverage authorized by this Resolution Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND APPROVED on the day of a hwv 92026. CITY OF SCHERTZ, TEXAS 4! RaA Rodriguez, May AT *F Sheila Edmondson TRNI City Secretary Exhibit A ILA with TMLIRP for Group Critical Illness Coverage Texas Municipal League Intergovernmental Risk Pool 1821 Rutherford Lane, First Floor • Austin, Texas 78754 GROUP CRITICAL ILLNESS INTERLOCAL AGREEMENT This Group Critical Illness Interlocal Agreement (hereinafter referred to as "Agreement") is entered into by and between political subdivisions of this state (hereinafter referred to as "Electing Pool Members"). This Agreement is specifically for the Electing Pool Members to acquire and access Group Critical Illness Coverage, as required by House Bill 4144, passed in the 89th Texas Legislative Session (hereinafter referred to as the "Coverage"). Under this Agreement, the Texas Municipal League Joint Self -Insurance Fund (hereinafter referred to as the "Fund") will act only as the initial holder of the Coverage. WITNESSETH: The undersigned Electing Pool Member, in accordance with the Interlocal Cooperation Act, Tex. Gov't Code § 791.001, et seq., and the interpretation thereof by the Attorney General of the State of Texas (Opinion #MW-347, May 29, 1981), and in consideration of other political subdivisions executing like agreements, does hereby agree to become one of the Electing Pool Members for the purpose of acquiring and accessing the Coverage. The conditions of membership agreed upon by and between the parties are as follows: Other definitions of terms used in this Agreement: a. Administrator. Refers to the entity administering the Coverage. b. Provider. Refers to the entity issuing and providing the Coverage. In consideration of the execution of this Agreement by and between the Electing Pool Members and the Fund, the coverage elected by the Electing Pool Member is afforded according to the terms of the Coverage provided by the Provider. Each Electing Pool Member agrees to adopt and accept the coverage, provisions, terms, conditions, exclusions, and limitations as further provided for in the Coverage. This Agreement shall be construed to incorporate the Coverage, Declarations, and Agreements and addenda whether physically attached hereto. It is understood that by participating in this risk -sharing mechanism to cover liability exposures, the Electing Pool Member does not intend to waive any of the immunities that its officers or its employees now possess. The Electing Pool Member recognizes the Texas Tort Claims Act and its limitations to certain governmental functions as well as its monetary limitations and that by executing this Agreement does not agree to expand those limitations. 4. The term of this Agreement and the Coverage provided to the Electing Pool Member shall be continuous commencing 12:01 a.m. on the date designated in the Coverage until terminated by the Electing Pool Member as provided in the Coverage, or until terminated for any reason by the Fund by providing 60 days' written notice to the Electing Pool Member. Changes to the Agreement made during the term, whether requested by the Electing Pool Member or required by the Fund, will be handled by written agreement. The Electing Pool Member agrees that it will appoint a contact of department head rank, and neither the Administrator, the Provider, nor the Fund shall be required to contact any other individual except this one person. Any notice to or agreements with the contact shall be binding upon the Electing Pool Member. The Electing Pool Member reserves the right to change the contact from time to time by giving written notice to the Administrator, the Provider, and the Fund. 6. The Electing Pool Member, via this Agreement, is electing to participate in the Fund only to the extent of acquiring and obtaining access to the Coverage. The Electing Pool Member shall not make contributions to the Fund nor receive the other coverages provided by the Fund, nor shall the Fund be liable for the payment of claims against or by the Electing Pool Member. The Fund shall only act as the initial holder of the Coverage. The Fund shall not handle any aspects of claims under the Coverage. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE ELECTING POOL MEMBER FURTHER AGREES TO DEFEND, INDEMNIFY, AND HOLD HAR MESS THE FUND, ITS TRUSTEES, OFFICERS, EMPLOYEES, AND AGENTS FROM ALL CLAIMS (INCLUDING REASONABLE ATTORNEY FEES), EVEN IF SUCH CLAIMS ARISE FROM THE NEGLIGENCE, WHETHER SOLE, JOINT, COMPARATIVE, OR CONCURRENT, OR ALLEGED NEGLIGENCE OF THE FUND, ITS TRUSTEES, OFFICERS, EMPLOYEES, OR AGENTS, THAT MAY BE ASSERTED AGAINST THE FUND ARISING OUT OF THIS AGREEMENT. RP. ke'l 111?n?s The Fund shall not be liable for the administration or handling of claims by or against the Electing Pool Member under the Coverage. Electing Pool Members agree that the Provider and the Administrator are assuming all costs, liabilities, and risks arising from this Agreement and the Coverage, and agree that any grievances, claims, or suits by an Electing Pool Member arising from this Agreement and/or the Coverage shall be brought against only the Provider and/or Administrator. In connection with claims within the scope of the Coverage, the Administrator shall provide the following services on behalf of the Electing Pool Member as confirmed specifically in the Coverage: overall claims administration; claims servicing including investigation and recommendations; periodic meetings with the Electing Pool Member's contact or claims committee; claims handling; storage and retention of claims records; periodic reports detailing claims and loss information and history. The Electing Pool Member shall comply with all reasonable requirements of the Provider and the Administrator. TO BE COMPLETED BY ELECTING POOL MEMBER: Electing Pool Member Fax Number Fund Contact Information (if different from member) Address Telephone_ Fax ELECTING POOL MEMBER'S FUND CONTACT (See Section 5): Member Name Name of Contact Title Mailing Address Street Address (if different from above) City Zip Phone SIGNATURE OF AUTHORIZED ELECTING POOL MEMBER OFFICIAL I Title Date Electing Pool Member's Federal Tax I.D. Number This Information is MANDATORY TO BE COMPLETED BY FUND: (OFFICE USE ONLY) Effective Date of This Agreement Member Name Contract Number SIGNATURE OF AUTHORIZED FUND OFFICIAL Title Date STATEMENT OF RESPONSIBILITY FOR GROUP CRITICAL ILLNESS This Statement of Responsibility is entered into by and between the Texas Municipal League Joint Self -Insurance Fund (the "Fund") and the political subdivision of the state of Texas identified below (hereinafter referred to as "Electing Pool Member") which has elected to sign a certain Group Critical Illness Interlocal Agreement to acquire and access Group Critical Illness Coverage, as required by House Bill 4144, passed in the 89th Texas Legislative Session (hereinafter referred to as the "Coverage"). The Coverage shall be issued to the Fund through Metropolitan Life Insurance Company ("MetLife") and shall cover members of the Electing Pool Member. WITNESSETH: The undersigned political subdivision has elected to become an Electing Pool Member for the purpose of acquiring and accessing the Coverage and has agreed to adopt and accept the coverage, provisions, terms, conditions, exclusions, and limitations as further provided for in the Coverage. In connection with acquiring and accessing the Coverage, the Electing Pool Member hereby makes the following representations: 1) The Electing Pool Member must enroll all eligible members in the Coverage; 2) The Electing Pool Member shall be required to pay 100% of the premium for enrolled members throughout their entire three-year eligibility period and remit such premium to MetLife through a designated third -party administrator; 3) The Electing Pool Member shall provide all necessary information to MetLife through a designated third -party administrator to administer the Coverage in a timely manner. 4) This provision applies to any Electing Pool Member that is not required, under applicable state law, to offer the Coverage but nonetheless elects to participate in the program. Any such Electing Pool Member agrees as follows: (i) all eligible retirees of the Electing Pool Member must be enrolled in the Coverage while the Electing Pool Member participates in the program; and (ii) the Electing Pool Member shall enroll each retiree and pay the applicable premium for each such retiree for a minimum period of thirty-six (36) months, measured from the effective date of that retiree's Coverage. This obligation shall survive cancellation or termination of participation in the program and shall continue until a full thirty-six (36) months of premium has been paid for each enrolled retiree. Premiums and fees are due and payable by the Electing Pool Member on the first day of each month for which coverage for members of that Electing Pool Member is to be provided. The Electing Pool Member's first premiums/fees must be paid within 31 days of the effective date of Coverage. If a payment other than the Electing Pool Member's first payment is not received within 31 days after the due date, Coverage will terminate on the earlier of the 31 st day following the due date and the date requested in writing by the Electing Pool Member, provided the request is made before the 30th day following the due date. The Electing Pool Member will be liable for payment of the premium and fees which accrue while any Coverage remains in force. The term of this Statement of Responsibility shall be continuous commencing 12:01 a.m. on the date designated in the Coverage until terminated by the Electing Pool Member or Provider as provided in the Coverage, or until terminated for any reason by the Fund by providing 60 days' written notice to the Electing Pool Member. TO BE COMPLETED BY ELECTING POOL MEMBER: Electing Pool Member Fax Number Fund Contact Information (if different from member) Address_ Telephone _Fax E-mail ELECTING POOL MEMBER'S FUND CONTACT: Member Name Name of Contact Title Mailing Address Street Address (if different from above) _ city Zi l _ Phone SIGNATURE OF AUTHORIZED ELECTING POOL MEMBER OFFICIAL Title Date Electing Pool Member's Federal Tax I.D. Number This Information is MANDATORY