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HomeMy WebLinkAboutContract 39887-A1 CSC No . 39887-Al AMENDMENT TO THE AGREEMENT FOR ADMINISTRATIVE SERVICES FOR THE CITY OF FORT WORTH PARS PUBLIC AGENCIES POST-RETIREMENT HEALTH CARE PLAN TRUST The Agreement for Administrative Services ("Agreement") made the 17"' day of September 2009, between Phase Il Systems, a California corporation, doing business as Public Agency Retirement Services and PARS ("PARS") and the City of Fort Worth ("Agency"), is hereby amended effective February 1, 2022, to reflect the updated annual asset fee as follows: 1. Exhibit 1B, Fees for Services, paragraph (A) of the Agreement for Administrative Services, is hereby amended effective February 1, 2022, to read as follows: (A) An annual asset fee paid from Plan assets based on the following schedule: For Plan Assets from: Annual Rate: $1 to $10,000,000 0.2125% $10,000,001 to $15,000,000 0.1700% $15,000,001 to $50,000,000 0.1275% $50,000,001 and above 0.0850% 2. Section 15,Notices, paragraph (A) and (B) are hereby amended to read: (A) To PARS: PARS; 4350 Von Karman Avenue, Suite 100,Newport Beach, CA 92660; Attention: President (B) To Agency: City of Fort Worth; 200 Texas Street, Fort Worth, TX 76102; Attention: City Manager 3. All other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF,this Amendment is hereby adopted effective as of February 1, 2022. CITY OF FORT WORTH PUBLIC AGENCY RETIREMENT SERVICES o / By: By: Reginald Zeno Tod Hammeras Assistant City Manager Chief Financial Officer Dated: !j S 2-— Dated: _5-- z I Ze9 Z OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FOR CITY OF FORT WORTII INTERNAL PROCESSES: Approval Recommended: Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration Approved as to Form and Legality: of this contract, including ensuring all performance and reporting requirements. By: (Ak--7 Name: Denis McElroy By: Title: Assistant City Attorney Name: John Samford Title: Assistant Finance Director&City Treasurer Contract Authorization: M&C: C-23730 Res.No. 3779-08-2009 City Secretary: oq� OR as -0 Form 1295:N/A 'ey 0 0� 00.0 FJA,o F,1. 01 0 o. I Ap. A)0 0 0 0 0 By: Jannette S.Goodall(juT7,2022 15:19 CDT) 0'4t 0 4%0 00 000 hy Name: Jannette Goodall 00000 Title: City Secretary OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Contract #: 39887 amendment A Resolution NO. 3779-08-2009 ADOPTING THE PUBLIC AGENCIES RETIREMENT SERVICES (PARS) POST-RETIREMENT HEALTH CARE PLAN TRUST AND AUTHORIZING EXECUTION OF RELATED DOCUMENTS WHEREAS, it is determined to be in the best interest of the City of Fort Worth (the "City") to participate in the PARS Public Agencies Post-Retirement Health Care Plan Trust (the "Program") to fund post-employment benefits for its employees; and WHEREAS, the City is eligible to participate in the Program, a tax-exempt trust and plan performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code, as amended, and the Regulations issued thereunder, and is a tax-exempt trust under the relevant statutory provisions of the State of Texas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: 1. That the City Council hereby adopts the PARS Public Agencies Post- Retirement Health Care Plan Trust, including the PARS Public Agencies Post-Retirement Health Care Plan, as part of the City's program of benefits, effective on the later of September 1, 2009 or the date as of which all documents required to effectuate such Trust have been executed (the "PARS Legal Documents")- and 2. That the City Council hereby appoints the City Manager, or his/her successor or his"'her designee as the City's Plan Administrator for the Program; and 3. That the City Manager or any Assistant City Manager is hereby authorized to execute the PARS Legal Documents on behalf of the City and to take whatever additional actions are necessary to maintain the City's participation in the Program, and the City's Plan Administrator for the Program is hereby authorized to maintain compliance of any relevant regulation issued or as may be issued., therefore, authorizing him,,her to take whatever additional actions are required to administer the City's PARS plan. ,Fq RESOLUTION NO. 3779-08-2009 Adopted this 181h day of August 2009. ATTEST: r\ B Y: A L)G, J-11 21,111-111) Martv Hendrix, City Secretary City sacl—'tar—c-' "lity ta For'!Woil ouwo®r City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/18/2009 - Res. No. 3779-08-2009 DATE: Tuesday, August 18, 2009 REFERENCE NO.: C-23730 LOG NAME: 130PEBTRUST SUBJECT: Adopt a Resolution Adopting the Public Agencies Retirement Services Post-Retirement Health Care Plan Trust, Authorize the Transfer of$5,000,000.00 for Initial Funding of the Trust and Authorize Execution of Related Documents RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached Resolution adopting the Public Agencies Retirement Services (PARS) Post- Retirement Health Care Plan Trust as part of the City's program of benefits in order to provide a funding source for retiree health care benefits in response to Governmental Accounting Standards Board Statement 45 (GASB 45); 2. Authorize the transfer of$5,000,000.00 to PARS for the purpose of funding the Trust; and 3. Authorize the City Manager to execute an Adoption Agreement, Master Plan Document, Agreement for Administrative Services and any other documents with Phase II Systems, a California corporation d/b/a PARS (for Trust administration and compliance services), or Union Bank of California, N.A. (for trustee and investment management services) that are necessary to incorporate the Trust as part of the City's program of benefits in accordance with GASB 45. DISCUSSION: With the implementation of a new accounting rule, Government Accounting Standards Board Statement 45 (GASB 45), the City must begin accounting for its Other Post Employment Benefits (OPEB) which are the City's retiree healthcare and death related benefits. As of October 1, 2008, the Unfunded Actuarial Accrued Liability (UAAL) as determined by Aon Consulting was $986 million and the associated Annual Required Contribution (ARC) was $103 million. In order to lessen the City's future liability, the City Council modified the health benefit offered to retirees (M&C G-16299). Consequently, employees and their dependents hired on or after January 1, 2009, upon retirement, may receive continued health coverage under the City's plan by paying the full cost. No City contribution will be made towards that coverage. The City Council appropriated $5 million in the Fiscal Year 2009 budget to deposit in an irrevocable trust that will be used to fund the City's OPEB liabilities. The trust will allow the City to assume a higher yield on investments and therefore lessen the funding requirements of the overall liability. A committee with representatives from Human Resources, Financial Management Services, the City's financial advisors, the City Attorney's Office and outside bond counsel reviewed OPEB trust proposals Logname: 130PEBTRUST Pagel of 3 from PARS and ICMA. Based on the committee's review, it is recommended that the City adopt the PARS Health Care Plan Trust (the PARS Trust) as part of the City's program of benefits in order to provide a funding source for retiree health care benefits. Following adoption of the attached resolution and execution of all documents necessary to incorporate the PARS Trust as part of the City's program of benefits, the City will transfer$5 million for deposit in the PARS Trust. PARS will provide Trust administration and compliance services. Union Bank of California, N.A., will serve as trustee and will provide investment management services. Two investment strategies exist for the investment of Trust funds: 1) the City can actively, or directly, manage the investments by selecting specific investments; or 2) the City can take a discretionary approach and allow Union Bank to manage the funds based on a particular investment strategy and act as fiduciary. Based on input from the City's financial advisors, staff anticipates opting for the latter, discretionary approach. Fees are based as a percentage of the fund's value. As the total value increases, the percentage decreases. The fee schedules are outlined below: Union Bank Fees Trustee Approach Trustee/Custodial Fees Investment Management Fee 0.35 Percent for Assets Under $5M 0.25 Percent for Assets $5410M Discretionary None 0.20 Percent for Assets $10-$15M 0.15 Percent for Assets $15-$50M 0.10 Percent on All Assets Over $50M Directed 10.10 Percent of Assets Depends on Investments Selected PARS's fee structure for trust administration, consulting and compliance is based solely on the fund's value. The fee structure is outlined below: PARS Fees Plan Set-up Fee rust Administration/Consulting/Compliance Fees 0.25 Percent for Assets Under $10M 0.20 Percent for Assets $10-$15M None 0.15 Percent for Assets $15-$50M 0.10 Percent on All Assets Over $50M ($400 monthly minimum) It is anticipated that as additional funding for retiree health care benefits becomes available, the City will at some point create its own trust and will transfer any available funds in the PARS Trust into this specific trust. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current operating budget, as appropriated, of the General Fund. FUND CENTERS: Logname: 13OPEBTRUST Page 2 of 3 TO Fund/Account/Centers FROM Fund/Account/Centers GG01 538070 0905500 $5,000,000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Karen Montgomery (6222) Originating Department Head: Lena Ellis (8517) Additional Information Contact: Greg Jordan (8843) ATTACHMENTS 1. m&cfundloq.pdf (CFW Internal) 2. PARS Trust Resolution.doc (Public) Logname: 13OPEBTRUST Page 3 of 3