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CC Resolution 2007-047RESOLUTION NO. 2007-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REGARDING A 401(a) MONEY PURCHASING PLAN WHEREAS, the City of La Quinta, hereinafter referred to as "City," desires to participate in a 401 (a) Money Purchasing Plan; and WHEREAS, the establishment of money purchase retirement plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and WHEREAS, the City desires that its money purchasing retirement plan be administered by ICMA Retirement Corporation and that the funds held such be invested in the Vantage Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La Quinta, California, as follows: Section 1. The City does hereby establish a money purchase retirement plan in the form of: The ICMA Retirement Corporation Governmental Money Purchase Plan & Trust, pursuant to he specific provisions of the Adoption Agreement (executed copy attached hereto); Section 2. The City hereby executes the Declaration of Trust of the Vantage Trust and attached hereto as Attachment 2, intending this execution to be operative with respect to any retirement or deferred compensation plan subsequently established by the City, if the assets of the plan are to be invested in Vantage Trust; Section 3. The City hereby agrees to serve as the trustee under the Plan and to invest funds held under the Plan in the Vantage Trust, Section 4. The City Manager shall be the coordinator for the Plan: shall receive reports, notices, etc. from ICMA Retirement Corporation or the Vantage Trust; shall cast, on behalf of the City any required votes under the Vantage Trust; may delegate any administrative duties relating to the Plan to appropriate departments; and Section 5. The City hereby authorizes the City Manager to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan. Resolution No. 2007-047 401 (a) Money Purchasing Plan Adopted: May 15, 2007 Page 2 PASSED, APPROVED and ADOPTED at a regular meeting of the La Quinta City Council held on this 15" day, of May 2007, by the following vote to wit: AYES: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph NOES: None ABSENT: None ABSTAIN: None DON ADO PH, M or City of La Quinta, California ATTEST: , California (City Seal) APPROVED AS TO FORM: — 'O's, iy�- M. KA HERIN JENSON,/tAy Attorney City of La Quinta, Califo a Plan number 106363 ADMINISTRATIVE SERVICES AGREEMENT This Administrative Services Agreement ("Agreement'), made as of th of2007 (herein referred to as the "Inception Date'), between the International City/County Management Association Retirement Corporation ("ICMA-RC'), a nonprofit corporation organized and existing under the laws of the State of Delaware, and the City of La Quints ("Employer'), a City organized and existing under the laws of the State of California with an office at 79495 Calle Tampico, La Quinta, California 92253. RECITALS ti 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; VantageTrust (the "Trust') is a common law trust governed by an elected Board of Trustees for the commingled investment of retirement funds held by various state and local governmental units for their employees; ICMA-RC acts as investment adviser to the Trust; ICMA-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 document, "Making Sound Investment Decisions: A Retirement Investment Guide." ("Retirement investment Guide'). The Funds are available only to public employers and only through the Trust and ICMA RC. In addition to serving as investment adviser to the Trust, ICMA-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 alternatives, account maintenance, account record keeping, investment and tax reporting, transaction processing, benefit disbursement, and asset management. AGREEMENTS 1. Appointment of ICMA-RC Employer hereby appoints ICMA-RC as Administrator of the Plan to perform all nondiscretionary 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 ICMA-RC shall be those set forth in Exhibit A to this Agreement. Plan number 106363 2. Adoption of Trust Employer has adopted the Declaration of Trust of VantageTrust and agrees to the commingled investment of assets of the Plan within the Trust. Employer agrees that operation of the Plan and the investment, management, and distribution 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 terns 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. Employer Duty to Furnish Information Employer agrees to furnish to ICMA-RC on a timely basis such information as is necessary for ICMA-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). ICMA-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 ICMA- RC shall not be responsible for any error arising from its reliance on such information. ICMA-RC will provide account information in reports, statements or accountings. 4. Certain Renresentations and Warranties ICMA-RC represents and warrants to Employer that: (a) ICMA-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 ICMA-RC to serve as investment adviser to the Trust is dependent upon the continued willingness of the Trust for ICMA- RC to serve in that capacity. (b) ICMA-RC is an investment adviser registered as such with the U.S. Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. ICMA-RC Services, LLC (a wholly owned subsidiary of ICMA-RC) is registered as a broker -dealer with the U.S. Securities and Exchange Commission ("SEC) and is a member in good standing with the National Association of Securities Dealers ("NASD') and the Securities Investor Protection Corporation ("SIPC'). (c) ICMA-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 and other applicable federal Plan number 106363 law; provided, however, ICMA-RC shall not be responsible for the qualified status of the Plan in the event that the Employer directs ICMA- 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 ICMA-RC's standardized plan document, ICMA-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 ICMA-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 confect with any law, rule, regulation or contract by which the Employer is bound or to which it is a party. (e) Employer understands and agrees that ICMA-RC's sole function under this Agreement is to act as recordkeeper and to provide administrative, investment or other services at the direction of Plan participants, the Employer, its agents or designees in accordance with the terms of this Agreement. Under the terms of this Agreement, ICMA-RC does not tender investment advice, is not the Plan Administrator or Plan Sponsor as those terms are defined under applicable federal, state, or local law, and does not provide legal, tax or accounting advice with respect to the creation, adoption or operation of the Plan and the Trust. (f) Employer acknowledges that certain such services to be performed by ICMA-RC under this Agreement may be performed by an affiliate or agent of ICMA-RC pursuant to one or more other contractual arrangements or relationships, and that ICMA-RC reserves the right to change vendors with which it has contracted to provide services in connection with this Agreement without prior notice to Employer. 5. Participation in Certain Proceedings The Employer hereby authorizes ICMA-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 Employer notifies ICMA-RC otherwise, Employer consents to the disbursement by ICMA-RC of benefits that have been garnished or transferred to a former spouse, current spouse, or child pursuant to a domestic relations order or child support order. Plan number 106363 6. Compensation and Payment (a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.55% 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. The annual Account Maintenance Fee for Plan participants will be waived for Employers who use EZLink for contribution processing and submit deposits by wire transfer or ACH. In the event that Employer does not use EZLink for contribution processing and ACIVwire transfer, the annual Account Maintenance Fee shall be $36.00 per Plan participant. If applicable, this fee is payable on the fast day of the calendar quarter following establishment and is prorated by reference to the number of calendar quarters remaining on the day of payment. The Account Maintenance fee is debited from each Plan participant's account. (c) Mutual Fund Services Fee. There is an annual charge of 0.15% assessed against average daily net Plan assets invested in the Trust's non- proprietary funds of VantageTrust. (d) Compensation for Management Services to the Trust; Compensation for Advisory and other Services to the Vantagepoint Funds. Employer acknowledges that in addition to amounts payable under this Agreement, ICMA-RC receives fees from the Trost for investment management services furnished to the Trust. Employer further acknowledges that certain wholly owned subsidiaries of ICMA-RC receive compensation for advisory and other services furnished to the Vantagepoint Funds, which serve as the underlying portfolios of a number of Funds offered through the Trust. The fees referred to in this subsection are disclosed in the Retirement Investment Guide. These fees are not assessed against assets invested in the Trust's Mutual Fund Series. (e) Redemption Fees. Redemption fees imposed by outside mutual funds in which Plan assets are invested are collected and paid to the mutual fund by ICMA-RC. ICMA-RC remits 100% of redemption fees back to the specific mutual fund to which redemption fees apply. These redemption fees and the individual mutual-fimd's policy with respect to redemption fees are specified in the prospectus for the individual mutual fund and referenced in the Retirement Investment Guide. (f) Payment Procedures. All payments to ICMA-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, to the extent not paid by the Employer. The amount of Plan assets held in the Trust shall be adjusted by the Trust as required to reflect Plan number 106363 such payments. In the event that the Employer agrees to pay amounts owed pursuant to this section 6 directly, any amounts unpaid and outstanding after 30 days of invoice to the Employer shall be withdrawn from Plan assets held by the Trust. The compensation and payment set forth in this section 6 is contingent upon the Employer's use of ICMA-RC's EZLink system for contribution processing and submitting contribution funds by ACH or wire transfer on a consistent basis over the term of this Agreement. Custody Employer understands that amounts invested in the Trust are to be remitted directly to the Trust in accordance with instructions provided to Employer by ICMA-RC and are not to be remitted to ICMA-RC. In the event that any check or wire transfer is incorrectly labeled or transferred to ICMA-RC, ICMA-RC may return it to Employer with proper instructions. 8. Indemnification ICMA-RC shall not be responsible for any acts or omissions of any person with respect to the Plan or related Trust, other than ICMA-RC in connection with the administration or operation of the Plan. Employer shall indemnify ICMA-RC against, and hold ICMA- RC harmless from, any and all loss, damage, penalty, liability, cost, and expense, including without limitation, reasonable attorney's fees, that may be incurred by, imposed upon, or asserted against ICMA-RC by reason of any claim, regulatory proceeding, or litigation arising from any act done or omitted to be done by any individual or person with respect to the Plan or related Trust, excepting only any and all loss, damage, penalty, liability, cost or expense resulting from ICMA-RC's negligence, bad faith, or willful misconduct This Agreement may be terminated without penalty by either party on sixty days advance notice in writing to the other. 10. Amendments and Adiustments (a) This Agreemont may not be amended except by written instrument signed by the parties. (b) No failure to exercise and no delay in exercising any right, remedy, power or privilege hereunder shall operate as a waiver of such right, remedy, power or privilege. Plan number 106363 (c) The parties agree that enhancements may be made to administrative and operations services under this Agreement. The Employer will be notified of enhancements through the Employer Bulletin, quarterly statements or special mailings. Likewise, if there are any reductions in fees, these will be announced through the Employer Bulletin, quarterly statement or special mailing. 11. Notices All notices required to be delivered under Section 10 of this Agreement shall be delivered personally or by registered or certified mail, postage prepaid, return receipt requested, to (i) Legal Department, ICMA Retirement Corporation, 777 North Capitol Street, N.E., Suite 600, Washington, D.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. Complete Agreement This Agreement shall constitute the complete and full understanding and sole agreement between ICMA-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. This Agreement supersedes all written and oral agreements, communications or negotiations among the parties. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. 13. Titles The headings of Sections of this Agreement and the headings for each of the attached schedules are for convenience only and do not define or limit the contents thereof. 14. Incorporation of Schedules All Schedules (and any subsequent amendments thereto), attached hereto, and referenced herein, are hereby incorporated within this Agreement as if set forth fully herein. 15. Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. In Witness Whereof, the parties hereto certify that they have read and understand this Agreement and all Schedules attached hereto and have caused this Agreement to be executed by their duly authorized officer; as of the Inception Date first above written. Plan number 106363 CITY OF LA QUINTA Y Signature ThMag P_ V. nnsane- ritY Manager Name and Title (Please Print) INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION Un Angela C. Montez Corporate Secretary Please return fully executed eontract to: New Business Unit ICMA-RC 777 North Capitol Street NE Suite 600 Washington DC 20002-4240 Plan number 106363 Exhibit A Administrative Services The administrative services to be performed by ICMA-RC under this Agreement shall be as follows: (a) Participant enrollment services, including providing a welcome package and enrollment kit containing instructions and notices necessary to implement the Plan's administration. (b) Establishment of participant aceounts for each employee participating in the Plan for whom ICMA-RC receives appropriate enrollment forms and records. ICMA RC is not responsible for determining if such Plan participants are eligible under the terms ofthe Plan. (c) Allocation in accordance with participant directions received in good order of individual participant accounts to investment funds offered under the Trust. (d) Maintenance of individual accounts for participants reflecting amounts deferred, income, gain or loss credited, and amounts distributed as benefits. (e) Maintenance of records for all participants for whom participant aceounts have been established in paper or electronic format. These files shall include enrollment instructions, beneficiary designation instructions (to the extent provided to ICMA RC) and all other written correspondence and documents concerning each participant's account, and if applicable, records of any transaction conducted through the Voice Response Unit (" VRU'), the Internet or other electronic means. (f) Provision of periodic reports to the Employer and participants of the status of Plan investments and individual accounts. (g) Communication to participants of information regarding their rights and elections under the Plan. (h) Making available Investor Services Representatives through a toll -free telephone number from 8:30 am. to 9:00 p.m. Eastern Time, Monday through Friday (excluding holidays and days on which the securities markets or ICMA-RC are closed for business (including emergency closings), to assist participants. (i) Making available a toll -free number and access to VantageLine, ICMA- RC's interactive VRU, and ICMA-RC's web site, to allow participants to access certain account information and initiate plan transactions at any time. Q) Distribution of benefits as agent for the Employer in accordance with terms of the Plan. Plan number 106363 W Upon approval by the Employer that a domestic relations order is an acceptable qualified domestic relations order under the terms of the Plan, ICMA-RC will establish a separate account record for the alternate payee and provide for the investment and distribution of assets held thereunder. (1) Loans may be made available on the terms specified in the Loan Guidelines, if loans are adopted by the Employer. (m) Online Advice may be made available through a third party vendor on the terms specified on ICMA-RC's website. ATTACHMENT 2 ICMA RETIREMENT CORPORATION GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT PLAN NUMBER IQ The Employer hereby establishes a Money Purchase Plan and Trust to be known as (the "Plan`) in the form of the ICMA RC Governmen- tal Money Purchase Plan and Trust. (gp� This Plan Is an amendment and restatement of an existing defined contribution money purchase plan. Yes _. No If yes. please specify the name of the defined contribution motley purchase plan which this Plan hereby aunettds and restates: L Emplyer: IL The Effective Date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plam uniess an alternate Effective Date is hereby spedHed: id Plan Year will mean: ( ) The twelve (12) consecutive month period which coincides with the limitationyear. (See Secuon 5.03W of the Plan.) ( ) The twelve (12) consecutive month period commencing on and each anniversary thereof. IV. Normal Rethemen t Age shall be age _ (not to artied age 65). [288] V. EUGIBELIrrREQUMEld[ENTS:- L The following group or groups of Employees are eligible to participate in the Plan: A0 Employees Au Full -Time Employees Salaried Employees Non -union Employees — Management Employees Public Safety Employee General Employee Other (specify below) The group specified must correspond to a group of the same designation that is defined in the statutes. ordinances, rules. regulations, personnel manuals or other material in effect in the state or locality of the Employe. WP Adoption Agreanent 1/30/2006 2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service for participation. The required Period of Service shall be (Write N/A if an Employee is eligible to participate upon employment). If this waiver or reduction is elected, it shall apply to all Employees Within the Covered Employment Classification. 3. A minimum age requirement is hereby specified for eligibility to participate. The minimum age requirement Is _ (rot to exceed age 21. Write N/A if no minimum age is dedared.) VL CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows (choose one): ( ) End Employer Contributions With Or Without Mandatory Paetldpmd Contributiom. The Employer shall contribute on behalf of each Participant %of Earnings or $ for the Plan Year (subject to the limitations of Article V of the Plan). A Participant is required to contribute (subject to the Umitations of Article V of the Plan) (Q %of Earnings, (IQ $ - or (ILL a whole percentage of Earnings, as designated by the Employe in accordance with guidelines and procedures establtsbed by the Employer for the Plan Year as a condition of participation in the Plan. (Write 00' if no contribution is required.) If Parttdpaza Contributions are required under this option, a Participant shall not have the right to discontinue or varyy, the rate of such contributions after booming a Plan Partkipam The Employer hereby elects to "pick up' the Mandatory/Required Participant Contribution. Yes _ No [Note to Employer: Neither an IRS advisory letter, nor a deter nimtIon letter issued to an adopting Employer is a ruling by the Internal Revenue Service that Participant contributions that are picked up by the Employer are not Includable In the Participant's gross income for federal Income tax purposes. The Employer may seek such a Wiling. Picked up contributions are excludable firm the ParUdpant's gross income under section 414(1) (2) of the Internal Revenue Code of 1986 only If they meet the requirements of Rev. Rids. 81-35 and 8136. 1981-1 C.B. 255, and 87-10, 1987-1 C.B. 136. Those requirements are (1) that the Employer must specify that the cerurlbudoM although designated as employee cont ibudons, are being paid by the Employer in lieu of cow1butio s by the employee: (2) the employee must not have the option of receiving the contributed amounts dhwdY Instead of having then paid by the Employer to the plan: and (3) the required specification of designated employee contributions must be completed before the pelod to which such contributions relate.) ( ) Find Employe Match of Participant Contributions. The Employer shall contribute on behalf of each Participant % of Eamtngs for the Plan Year (subject to the limitations of Article V of the Plan) for each Plan Year that such Participant has contributed _% of Earnings or S. Under this option, there is a single, fixed rate of Employer contributions, but a Partici- pant may decline to make the required Participant contributions In any Plan Year, in which case no Employer contribution will be made on the Participant's behalf In that Plan Year. 16211 WP Adoption Agr" met jq?9 W6 ( ) Vww& Employe[ Match OrPowpant Contributions. lire Employer shalt contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): % of the contributions made by the Participant for the Plan Year (not Including Participant contributions exceeding ^% of Earnings or $te: PLUS % of the contributions made by the Participant for the Plan Year in excess of those Included in the above paragraph (but not including Participant contributions w=edi% in the aggregate % of Earnings or $_ --J. Employer Contributions on behalf of a Participant for a Plan Year shall not exceed $ or %of Eamlrgs, whichever is _ more or _ less. 2. Each Participant may make a voluntary (urunatch4. after-tax contribution, subject to the limitations of Section 4.05 and Article V of the Plan. Yes _ No 3. Employer contributions and Participant contributions shall be coruributed to the Tnut in accordance with the following payment schedule: VU. EARNINGS Eamhrgs6 as defined under Section 2.09 of the Plan, shall include: (a) Overtime _ Yes _ No (b) Bonuses Yes _ No Vail. IdMTfATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (err was) a particl. pant of couhd possibly become a partktpa rL the Employer hereby agrees to limit contributions to all such plans as provided herein, if necessary in order to avoid excess contributions (as described in Sections 5.02 of the Plan). 1. If the Participant is covered under another qualNkd defined contribution plan maintained by the Employer, the provisions; of Section 5.02(a) tbnxgh (f) of the Plan will apply unless another method has been indicated below. ( ) Other Method. (Provide the method wrier which the plans will limit total Annual Additions to the MWdMum Pvmtuible Amount. and will properly. reduce any — amounts6 in a manner that precludes Employer discretion.) 2. The 9mhatlon year is the following 12-consecutive month period: MPP Adoption Agarnmt I/30/2006 3. LC. VESTING PROVISIONS The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting requirements as noted and (2) the concurrence of the Plan Administrator. Years of Service Percent Completed' Vesting () Zero —% One _ % TWO _% Three _ % Four _ % Five % Six _% Seven _ % Eight _ % Nine % Ten _ % X. Loses are permitted under the Plan, as provided In Article XQL• _ Yes _ No (751) XI. The Employer hereby attests that It Is a unit of state of loot government or an agency or instrumentality of one or more units of state or local govenune nt. XQ. The Plan Administrator hereby agrees to Infom the Employer of any amendments to the Plan made pursuant to Section 14.05 of the Plan or.of the discontinuance or abandonment of the plan. )MI. The Employer hereby appoints the ICMA-RC as the Plan Administrator pursuant to the terms and condi- dom of the ICMA-RC GOVERNMENTAL MONEY PURCHASE PLAN & TRUST. The Employer hereby agrees to the provisions of the Plan and Tnut MV. Thee Employer hereby aduwwledges it understands that failure to properly 011 out this Adoption Agreement may result In disqualification of the Plan. XV. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as evidence that the Plan is qualified under action 401 of the Internal Revenue Code. In Witness Whereof, the Employer hereby causes this Agreement to be executed on this _ day of 200 . EMPLOYER ICMA RC r` j, Ey Ey /" Title: Title: Corporate Secretary Attest: WP Adoption Agw ern Ir-4=006