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HomeMy WebLinkAboutInternational City Management Association Retirement -1997 05 14 .-. - . ICMA RETIREMENT l CORPORATION ,. j' ADMINISTRA TIVE SERVICES AGREEMENT Type: 401 Account Number: ~~ "" ,. ICMA Plan # 9604 RETIREMENT CORPORATION . ADMINISTRATIVE SERVICES AGREEMENT This Agreement, made as of the ~-%-. day of -:::r;;..rJe-' , 1997,' (herein referred to as the "Inception D"te"), between The International City Management Association'Retirement Corporation ("RC"), a nonprofit corporation organized and existing under the laws of the State of Delaware; and City of Winter Springs ("Employer") a City organized and existing under the laws of the State of Florida with an office at 1126 East S.R. 434, Winter Springs, Florida 32708. 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 law 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 "Funds") for the investment of plan assets as referenced in the Trust's principal disclosure documents, "Making Sound Investment Decisions: A Retirement Investment Guide" and "A Retirement Investment Guide for the Mutual Fund Series." The Funds are available only to public employers and only through the Trust and RC. 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 alte~natives, account maintenance, account record-keeping, _investment and tax reporting, form processing, benefit disbursement and asset management. - 2 - ~. ~ ICMA Plan # 9604 RETIREMENT CORPORATION Agreements 1. Appointment of RC Employer hereby designates RC as Administrator of the Plan to perform all 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 amounts 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 Employer in accordance with terms of the Plan. 2. Adortion of Trtlst 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 set forth 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. Emr10yer Duty to Fllrnish Information 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 - 3 - ... ICMA Plan # 9604 RETIREMENT CORPORATION Agreements 1. Appointmp.nt of RC Employer hereby designates RC as Administrator of the Plan to perform - all 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 amounts 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 rega.rding their rights and elections under the Plan; and (e) disbursement of benefits as agent for the Employer in accordance with terms of the Plan. 2. Adoption of Tn 1St 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 set forth 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 tbatthe, ter,m "Employer Trust" as it is used in the Declaration of Trust shall mean this Administrative Services Agreement. 3. Employer agrees to furnish to RC on a timely basis such information as is necessary for RC to carry o,ut its responsibilities as Administra,tor 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 - 3 - -i ICMA Plan # 9604 RETIREMENT CORPORATION identification numbers). RC shall be entitled to rely upon the accuracy of any information that is 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. RCwill provide account information in reports, statements or accountings. All account discrepancies must be reported to RC within 120 days of the close of the quarter in which the discrepancy occurs. After that time the report, statement, or accounting shall be deemed to have been accepted by the Employer and the participants 4. Certain Representations, Warranties, 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 RC to serve in that capacity. (b)RC is an investment adviser registered as such with the Securities 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 Plan 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 - 4 - . , . ICMA Plan # 9604 RETIREMENT CORPORATION 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. 5. Participation in CArtain Pror.AArJing~ 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. Unless the Employer notifies RC otherwise, Employer consents to the disbursement by RC of benefits that have been garnished or transferred to a former spouse, spouse or child pursuant to a domestic relations order. 6. CompAn~ation and PaymAnt (a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.75% per annum of the amount of Plan assets invested in the Trust. Such fee shall be computed based on average daily net Plan assets in the Trust. (b) Account Maintenance Fee. There shall be an annual account maintenance fee of $25.00. The account maintenance fee is payable in full on January 1 of each year on each account in existence on that date. For accounts established after January 1, the 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". ~~fI\ t<<)cx~~~tJexaouanl!t>I~~teIeuo.tc~. ~pmllijdXi3~Em~ OOixaIJtqOO3lf'telll~OO;m ~~ 1~~atH!X~ ~~~XXxRJma~ElwiKeD4~a",xe:s:mI!H:S:~~Hkne . , mil1mixm~~ (d) Mutual Fund Services Fee. There is an annual charge of 0.25% of assets under management that are hel.d in the Trust's Mutual Fund Series. (e) Model Portfolio Fund Fee. There is an annual charge of 0.10% of assets under management that are held in the Trust's Model Portfolio Funds. (f) Compensation for Management Services to the Trust. Employer acknowledges that in addition to amounts payable under this Agreement, RC receives fees from the Trust for investment management services furnished to the Trust, except that this fee is not assessed in the Mutual Fund Series - 5 - .., . ICMA Plan # 9604 RETIREMENT CORPORATION (g) Payment Procedures. (i) All payments to RC pursuant to Section 6(a), (b), (d) and (e) 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. (ii) All payments to RC pursuant to Section 6(c) shall be paid directly by Employer, and shall not be deducted from Plan Assets held by the Trust. 7. CII~tody Employer understands that amounts invested in the Trust are to be remitted directly to the Trust in accordance with instructions provided to Employer by RC and are not to be remitted to RC. In the event that any check or wire transfer is incorrectly labeled or transferred to RC, RC is authorized, acting on behalf of the transferor, to transfer such check or wire transfer to the Trust. 8. RA~pon~ihility 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. 9. Ierm This Agreement may be terminated without penalty by either party on sixty days advance notice in writing to the other. 10. AmAndmAnt~ ~nd Adjll~tmAnt~ (a) This Agreement may not be amended except by written instrument signed by the parties. (b) The parties agree that compensation for services under 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 shall 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 the parties will negotiate with respect to the adjustment. (c) No failure to exercise and no delay in exercising any right, remedy, - 6 - . .. ICMA Plan # 9604 RETIREMENT . CORPORATION p.ower .or privilege hereunder shall .operate as a waiver .of. such right, remedy, p.ower .or privilege. 11. Notices All n.otices required t.o be delivered under Secti.on 10 .of this Agreement shall be delivered pers.onally or by registered .or certified mail, p.ostage prepaid, return receipt requested, t.o (i) Legal Department, ICMA Retirement C.orp.oration, 777 N.orth Capital Street, N.E., Suite 600, Washingt.on, D.C, 20002-4240; (ii) Empl.oyer at the .office set f.orth in the first paragraph here.of, .or t.o any .other address designated by the party t.o receive the same by written n.otice similarly given. 12. Complete Agreement This Agreement shall c.onstitute the sale agreement between RC and Empl.oyer relating t.o the .object .of this Agreement and carrectly sets farth the camplete rights, duties and abligati.ons .of each party ta the ather as at its date. Any priar agreements,pr.omises, negatiatians .or representatians, verbal .or .otherwise, nat expressly set farth in this Agreement are .of n.o farce and effect. 13. Governing L~w This agreement shall be gaverned by and canstrued in acc.ordance with the laws .of the State .of Flarida applicable ta cantracts made in that jurisdictian withaut reference ta its canflicts .of laws provisians. - -- ... - - 7 - I .... ICMA Plan # 9604 RETIREMENT , . CORPORATION . In Witness Whereof, the parties hereto have executed this Agreement as of the Inception Date first above written. WI TErJ,RIN~ 1/5 -(tf- f; CITY OF WINTER SPRINGS bY'~/J~r S~.:1t. en by: Signature/Date ignature/Date Ronald W. McLemore, City Manager David W. McLeod. Deputy Mayor .Name and Title (Please Print) Name and Title (Please Print) f1AY. ~ ' 0 1997 - 8 -