HomeMy WebLinkAboutResolution 6413
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RESOLUTION No. 6413
CITY OF MOUNDS VIEW
COUNTY OF RAMSEY
STATE OF MINNESOTA
RESOLUTION APPROVING A CONTRACT EXTENSION WITH SECURE BENEFITS
SYSTEMS CORPORATION FOR FLEXIBLE SPENDING ACCOUNTS
ADMINISTRA TION
WHEREAS, the City's has received flexible benefits administration services from
Secure Benefits Systems Corporation under a contract running from January 1, 2003
through December 31, 2004; and
WHEREAS, Secure Benefits is performing these services in a satisfactory
manner; and
WHEREAS, Secure Benefits has offered to extend this contract under the same
terms and conditions for the period of January 1, 2005 through December 31, 2005.
NOW, THEREFORE, BE IT RESOLVED, that the Mounds View City Council does
approve a one-year extension of the contract between the City of Mounds View and
'ecure Benefits Systems Corporation and authorizes the Mayor to sign the contract.
Adopted this 13th day of December. 2004
ATTEST:
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./ Jerr-y'6nK8, Mayor
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Kurt Ulrich, City Administrator
(seal)
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ADMINISTRATION CONTRACT
This Administration Contract made and executed the J...:"hday of December 2004, by
and between City of Mounds View hereinafter referred to as "Plan Sponsor", and Secure
Benefits Systems Corp. hereinafter referred to as the "Contract Administrator"
RECiTALS
The contract Administrator is engaged in the business of performing services as
Section 125 Flex Plan Consultants and Administrators.
The Plan Sponsor hereby engages the services of the Contract Administrator to
provide administrative services for City of Mounds View 125 Plan. hereinafter referred to
as "Plan.'
For and in consideration of the mutual covenants herein contained and the monetary
consideration herein recited. It IS mutually agreed as follows:
1. Services to be Performed. The Contract Administrator shall peliorm for the Plan
Sponsor administrative services in conjunction with the operation of the Plan.
The administrative services to be performed by the Contract Administrator are set
fOl1h in Exhibit A. attached hereto and by reference made a part hereof for all
purposes.
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(cr}As- a-partufthe-servil.."" lv be-petiormed-by-the-€mltl act
Administrator. the Contract Administrator shall maintain and operate
A'l administrative office for such purposes and to pay all normal costs
And.expenses for such maintenance and operation (except as herein
Set forth).
(b) The Contract Administrator shall employ a sufficient staff of
employees or others to provide the administrative services to be
performed by the Contract Administrator hereunder. The Contract
Administrator will not provide or be responsible for the expense and
cost of legal counsel, actuaries, certified public accountants.
investment counselors, investment analysts or similar type services
performed for the Plan Sponsor; and the Administrator shall not be
authorized to engage such services or incur any expense or cost
therefore without the written consent of the Pian Sponsor. I n the
event that the Contract Administrator at the request of the Plan
Sponsor engages such services, the Plan Sponsor shall be
responsible for such services and the cost and expense thereof.
(c) The services to be performed by the Contract Administrator shall be
rvlinisterial in nature and shall be performed within the framework of
policies, interpretations, rules, practices and procedures made or
established by the Plan Sponsor.
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2. Service Fee. The Plan Sponsor agrees to pay to the Contract Administrator for
the services to be performed hereunder the following fees:
(a) An initial one-lime set-up fee of SOO.OO (N/A) payable on or before
December 30th, 2004.
(b) A monthly administration fee of S4.00per plan participant (using one
or more of the cash accounts) per month.
(c) An annual re-enrollment fee of $10.00 per plan participant using the
cash accounts the previous year. (Optional at employer request)
(d) Annual fee of S150.00 for tax filing of forms 5500 and Schedule F.
(not required at this time)
(e) Monthly processing fee of $10.00.
The Contract Administrator shall provide a statement of the above fees to the
Plan. Sponsor who shall then make payment to the Contract Administrator within
ten (10) days of receipt.
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3. ~. Ti,t: It:, "'~ vf 1I,i~ Ad" I;,,;~t, atiol, C':;I,traekhllll be for <10m; y'['Br [lcrioel,
beginning January 1,2005 and ending December 31,2005. At the end of the
contract year if neither party requests a change, the contract shall be
automatically renewed. The fees stated in paragraph two are subject to
negotiation on the anniversary date of the contract. The new fees and contract
would then be in force for two years from the effective date.
Either party shall have the right to terminate or re-negotiate the contract after the
initiai one year period by giving to tile other party written notice of such
termination or re-negotiation of the terms of the contract at least sixty (60) days in
advance. In the event timely notice of intent to re-negotiate the terms of the
contract is given by either party, the contract shall continue until such re-
negotiation terms are agreed to in writing. In the event that such re-negotiation
terms are not agreed to in writing by both parties within thirty (30) days following
the expiration date of the then current contract year. this contract shall terminate
upon thirty (30) days notice. The Contract Administrator will have no further
responsibility or obligation hereunder upon termination of this agreement.
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4. Records and Files. The Contract Administrator shall maintain all records in
conjunction with the administrative services to be performed hereunder. The
Contract Administrator shall maintain the confidentiality of such records and the
information therein shall not be divulged or disclosed or made available to
persons other than the Plan Sponsor without the prior written approval of the Plan
Sponsor or a court of competent jurisdiction. In the event of the termination of
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this contract, the Contract Administrator shall deliver to the Plan Sponsor, upon
written request, at a time period mutually agreeable, but not to exceed six months
from date of termination, the information on all participants' histories for the past
three years. If the participant history is requested, the Plan Sponsor will pay all
costs incurred by the Contract Administrator in providing the history, including the
cost of programming, computer charges, mailing costs, etc. If additional
information is requested by the Plan Sponsor after this contract terminates, the
Plan Sponsor will pay all costs incurred by the Contract Administrator in providing
such information, including the cost of programming, computer charges, mailing
costs. etc. The Contract Administrator shall be entitled to retain copies of any
such records at its own expense,
5, Liabilities and Obliqations. The Contract Administrator shall have no
responsibiiity. risk, liability or obligation for the funding of the Plan. The
responsibility and obligation for funding the Plan shall be solely and totally the
responsibility of the persons or entities so provided in the Plan.
(a) it is further understood and agreed that the Contract Administrator
shall have no responsibility or obligation to take action, legal or
otherwise, against any employer or employees or other person to
enforce provisions of this Plan, In the event that ttle Plan Sponsor
desires to engage the services of the Contract Administrator for such
,purposes, such services shall be engaged and rendered only
pursuant to a separate written agreement between the parties.
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(b) It is further understood and agreed that the Contract Administrator
:::.Ildllllul L.,c I C;:lPOl,6;blc VI oblig~ted fol tIle. il,y.<:3tn"lCllt of BAY 633~t3
or funds of the Plan.
(c) The Contract Administrator shall process benefits in accordance with
, the Plan or policy adopted by the Plan Sponsor. The Contract
Administrator shall Incorporate sound business practices and be
responsible for reasonable internal audits. Where an error exists the
Contract Administrator shall use reasonable internal audits. Where
an error exists the Contract Administrator shall use reasonable efforts
for recovery of any loss resulting therefrom, but will not be required to
initiate legal process for any recovery.
(d) It is further understood and agreed that the Contract Administrator
shall not be responsible for determining the participants' eligibility to
participate in the Plan and may rely on the information supplied by the
Plan Sponsor in determining eligibility.
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6. Indeoendent Contractor. It is understood and agreed that the Contract
Administrator is engaged to perform services under this Agreement as an
independent contractor. The Contract Administrator shall use his best efforts to
implement such written instructions. if any, as to policy and procedures which
may be given by the Plan Sponsor to the Contract Administrator provided that
such instructions are consistent and compatible with the description of services to
be performed by the Contract Administrator and do not violate or contradict any
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laws or regulations, including but not limited to the Employee Retirement Income
Security Act of 1974. as amended.
7. Plan Sponsor: The term 'Plan Sponsor" shall be defined to include the employer
or corporation sponsoring the Plan or Plan Committee or Trustees of the Trust
sponsoring tile Plan who serve at the time of execution of this Contract and shall
also include cOlTlmittee members or trustees serving from time (0 time during the
term of the Contract. The Contract Administrator shall be entitled to rely upon the
actions, notice or instructions taken or given by the Plan Sponsor.
8. Assiqnment. The Contract Administrator shall neither assign nor delegate to any
other person or entity the duties. obligations or responsibilities of the Contract
without prior written approval from the Plan Sponsor.
9. lndemnificatio:l. The Contract Administrator agrees to be responsible for any acts
or omissions wherein it is ful\y adjudged or willfully acknowledges it is guilty of
want of reasonable and ordinary care, gross negligence, willful misconduct or lack
of good faith.
The Plan Sponsor agrees to indemnify, hold harmless and defend the
Contract Administrator for any acts or omissions of the Contract Administrator not
caused by gross negligence, willful misconduct or lack of good faith or want of
reasonable' and ordinary care... .:'..'
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10. Additional Services. Any changes in the Plan, found to be compatible with
existing systems and procedures and approved by the Contract Administrator,
wi lid I I t:::yuilt::: c:lJJiliulll.11 fJlU,:::!1 ClI 1111 1;1 I,:::!, I v.....VI b VI ;::OCt viGt:;6 .mll 0~ at the e:.XpC.R3<:
of the Plan Sponsor. The Plan Sponsor agrees to make changes in benefits only
pursuant to the Plan document, unless agreed upon by the Contract Administrator
and appropriately written by amendment to this Contract.
11. Additional Aqreements. This Contract may not be modified, changed or additions
made, without putting the modifications. changes or additions in writing and
having both parties to this Contract sign such writing.
12. Default. If any party to this Agreement shall default under any of the terms and
conditions contained herein, the defaulting party shall assume and pay all costs
and expenses, including reasonable attorney's fees, incurred by the other party in
enforcement of the Agreement.
13. Headinos. Paragraph numbers and heading have been inserted solely for
convenience and reference. They shall not be construed to affect the meaning,
construction or effect of this Agreement.
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14. SeverabililY,. Should any part of this Agreement be declared invalid, any
remaining portion shall remain in full force and effect as if this Agreement has
been executed with the invalid portion eliminated.
15, The terms and conditions of this Agreement shall be controlled by the laws of the
State of MN insofar as state law is applica.sle_under'~e terms hereof.
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Contract Ad inistrator
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EXHIBIT "A"
ADMINISTRATIVE SERVICES
1. Answer all telephone and mail inquiries from the Plan Sponsor as to benefits
provided to them and their employees.
2. Provide information concerning the Plan benefits and eligibility of participants based
on eligibility information provided by the Plan Sponsor.
3. Receive claims and claim documents from the participants of the Plan and verify the
eligibility of the participants for benefits based on eligibility information provided by
the Plan Sponsor.
4. Process and update informat:on as received from the Plan Sponsor and correspond
with participants if additional information is needed.
5. Handle all claims expeditiously.
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9.
Process. issue and distribute reimbursement checks as per Plan Sponsor directs
starting January 1, 2003.
Prepare the necessary date for preparation of the IRS reports and filings.
Attend meetings with Plan Sponsor (trust or corporate) as necessary for proper
administration of the Plan.
Provide the Plan Sponsor the plan instruction and eligibility rules for reporting its
employees' eligibility to the Contract Administrator.
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