Loading...
HomeMy WebLinkAboutBPW-01-03-07-02 Pub. Emp.Plan Membership Agreement RESOLUTION NO. BPW-0l-03-07-02 A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL. INDIANA. RATIFYING THE EXECUTION OF AN AGREEMENT WHEREAS, the executive officer of a municipality has the right and authority under Indiana law to enter into contracts on behalf of the municipal corporation; and WHEREAS, due to the exigencies of time, City of Carmel Mayor James Brainard, upon the advice of the Carmel City Attorney, executed that certain Indiana Public Employers' Plan Membership Agreement ("Agreement"), attached hereto and incorporated herein as Exhibit A; and WHEREAS, the City of Carmel Board of Public Works and Safety now desires to ratify the above actions of Mayor Brainard and to adopt the same as the act of the Board. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works and Safety of the City of Cannel, Indiana, as follows: l. The foregoing Recitals are fully incorporated herein by this reference. 2. The actions of Mayor James Brainard in executing the Agreement are hereby ratified and such actions are hereby approved and adopted by the Board as its own. SO RESOLVED by the Board of Public Works and Safety of the City of Carmel, Indiana, this 3f4 day of ..J~~ ,2007. Yl~f p~ James Brainard, Presiding Officer ~~~~ ""'~Bl"'" ",,"be, Date: - 3-() ember 1/3/D7 I I'. iana L. Cordr/j lAM , Date: ( 31fY7 / I / !ro:m....".d:c:'okl<Um""h ond ""II;ng.l,.mjl-lmMln~,,:.1 'CII;ng>~cmpor;lfY inlernel file'\111"74\r:1l;f~ mat,.-", ,iBnalUrc ipef1 .gmt.due: 112/071 ,- .,' ~.;': ~ . ~r DOWNEY INSURANCE Protecting Those Who ServeSM INDIANA PUBLIC EMPLOYERS' PLAN MEMBERSHIP AGREEMENT This agreement made and entered into by and between _CITY OF CARMEL , a governmental entity or political subdivision of the State ofIndiana and the Indiana Public Employer's Plan, Inc., an Indiana not-for-profit corporation. WITNESSETH, WHEREAS, pursuant to IC 23-17, IC 22-3-6-2(c) and IC 36-1-7, certain governmental entities and political subdivisions of the State ofIndiana, as described in IC 34-6-2-49, IC 34-6-2-110 and IC 34- 13-3, desire to combine in a group self-funded program to be known as the "Indiana Public Employers' Plan, Inc.", an Indiana not-for-profit public benefit corporation, (hereinafter known as "IPEP" or the "Plan") for the purpose of satisfying their respective obligations under IC 22-3-2 through IC 22-3-6, IC . 22-3-7 and IC 22-3-9, hereinafter referred to as the "Acts", and; WHEREAS, each Member has executed a Membership Application and provided to the Plan a duly executed resolution of its governing body authorizing its participation in the Plan; the same being attached hereto and made a part hereof as Exhibits "A" and "B", respectively. NOW, THEREFORE, in consideration of the payment of an initial contribution of_THREE HUNDRED NINTY SEVEN THOUSAND FOUR HUNDRED FIFTY EIGHT ($_397,458.00 ) Dollars and such other amounts as may be established hereafter by the Plan's Board of Directors ("Board") and ofthe terms and conditions set forth herein, the Plan and the undersigned Member agree as follows: 1. The Plan shall operate only as an agent and representative the Member hereto as of 12:0 I A.M. on the 1 ST day of _JANUARY 2007 for the payment of any and all liability imposed by the Acts for injuries, illness, or death suffered by an employee of the Member by accident arising out of and in the course of employment (subject to the employment exclusions of IC 22-3-2-2(a) and (b) and the benefit limitations ofIC 22-3-2-2(c) included herein only by special addendum) by the Member; to pay physician's fees, nurse's charges, hospital service, hospital supplies, burial expenses, compensation, or death benefits imposed upon member or accepted by the . . -. 12/18/06 Page 2 of5 Plan, under the provisions of the Acts as they may from time to time be amended. However, for claims filed under tile Indiana Employers' Liability Act (IC 22-3-9), the Plan's payments shall be limited to: bodily injury by accident.............................$I,OOO,OOO each employee bodily injury by disease............................ ...$1,000,000 each employee all bodily injury...................................... ..$1 ,000,000 all employees - aggregate limit Further the Plan shall: I. I Defend or cause to be defended in the name and on behalf of the Member, any claims, demands, or suits arising out of any alleged injury, death, or illness subject to the Acts only; no defense or other services shall be provided for claims filed under any Act of the Congress of the United States nor for employments excluded under IC 22-3-2-2. 1.2 Pay, for and on behalf of the Member, all sums required by the Acts, including physician's fees, nurses' charges, hospital services, hospital supplies, and burial expenses that may be awarded or agreed upon under the Acts, that the obligation of the Plan shall not be affected by any default of the Member after the injury or illness nor in the giving of any notice required by this Agreement or the Acts. 1.3 Any and all weekly compensation benefits awarded or agreed upon under the Acts may be paid to the Member for distribution to its appropriate employee in a timely manner, or directly to the employee at the direction of the Member. 1.4 Have authority to settle any suit or claim, for and on behalf of the Member, which payment shall be conclusive as between the Member, Member's employee, and the Plan. 1.5 Be subrogated to all rights, which the Member may have against any party, in respect to any claim or payment made, assumed or incurred under this Agreement. 1.6 The Plan shall procure and continuously maintain excess or reinsurance in an amount and upon terms determined by the Board and in no event shall any agreement exchanged hereunder render any Member liable as an indemnifier or guarantor of the liability of others except to the extent set forth herein but shall bind each Member separately and for itself alone, subject to the limitations upon liability herein expressed. 2. The continued participation of any Member in the plan is subject to excess or reinsurance carrier approval and any conditions mandated thereby. 3. Each Member agrees to be bound by the rules and by-laws promulgated by the Board for the administration of the Plan, including, but not limited to, the following. 3.1 Upon the occurrence of any contingency covered by this Agreement, the Member shall give immediate written notice thereof to the attorney-in-fact, shall complete any and all forms required by the Acts, any governmental agency, or the Board, and shall forward to the attorney-in-fact forthwith every . written communication, or information as to any verbal communication, and every process, pleading, and . . . . .r' -, 12/18/06 Page 3 of 5 paper of any kind relating to any end and all claims, suits, and proceedings related to injury, illness, or death of an employee of Member subject to the Acts, 3,2 The Member shall not make any admission of liability before or after receipt of notice of injury, death, or illness, nor shall it, except as its own cost, incur any expense, make any payment, or settle any claim, nor shall it interfere in any negotiations for settlement or in any legal proceedings in respect of any injury or illness for which the Plan shall be liable under this Agreement without, in each case, the written authority of the attorney-in-fact or the Plan's counsel. 3,3 Whenever required by the attorney-in-fact, and at the Plan's expense, the Member shall promptly aid in securing information and shall furnish, on forms prescribed by the Board, the same to the Plan for filing with the Board, and evidence and the attendance of witnesses, and shall cooperate with the Plan in all matters which the attorney-in-fact or its counsel may deem necessary in the defense of any claim or suit or in any review or appeal thereof. 3.4 Contributions from the Members (estimated based upon its application) shall be collected at the time of such Member's execution of this Agreement. An adjustment to the contribution may be made during the next Plan year after the anniversary date of the Agreement based upon payroll audit as may from time to time be determined by the Board, whether or not membership is current or has terminated, The Member shaH furnish to the attorney-in-fact, whenever requested to do so, a written declaration of the exact amount of the entire earnings of its employees to whom it may be liable under the Acts, and shaH permit the attorney-in-fact or its agents at all reasonable times during the term of this Agreement, and within two (2) years of its termination, to examine the Member's books or any other of its record, so far as they relate to the earnings of the Member's employees, [fthe total of such earnings differ from the amount estimated in the application, the contribution shall be adjusted by an immediate further proportionate payment to the Plan, or by a refund, as the case may be, computed at the rates specified by the Board, The contribution or any portion thereof remaining to the credit of the Member, may be returned to the Member at the termination of this Agreement or any extension thereof, providing all liability of the Member to the Plan be fully discharged and satisfied, subject to adequate reserving for unpaid claims, If complete and accurate payroll records are not kept corresponding to the employment classification in the schedule or rates established by the Board, the total actual payroll shall be considered as expended under the highest rated classification, and the contribution shall be computed and collected on that basis, The rendering of any estimate or declaration of any settlement shall not bar the examination provided for, nor the right of the Plan to be an additional contribution, 3,5 The attorney-in-fact and the Board are authorized as to each of said Members to receive service of process on any suit or other proceeding begun or maintained as aforesaid, 3,6 It is understood, and as a part of the consideration of this Agreement, that each of the Members, by entering into this Agreement, covenants and agrees with each of the other Members to pay an amount in excess of the annual contribution in the event all funds of the Plan, and all excess insurance .,; . -" ~;;.. ," -, . . . 12/18/06 Page 4 of5 be exhausted and there be outstanding, unpaid liabilities of the Plan; provided, however, that in no event shall the Member hereto be liable in any amount in excess of its proportional share of the total contribution received by the Plan during the year in which the deficit occurred. 3.7 There shall be no capital shares or stock, and the attorney-in-fact shall keep an accounting of all monies paid by each Member, which accounting shall always be open to inspection by the Member. 3.8 As compensation for services and in consideration of defraying all expenses incident to conducting the exchange of these covenants and the placing of insurance and reinsurance, as herein. authorized, including but not limited to, court costs and attorney fees, Board expenses, and all reasonable expenses of handling and investigating claims and cost of paying claims, excepting taxes, insurance and reinsurance premiums, the attorney-in-fact is hereby authorized to deduct an amount certain, authorized by the Board, from all monies received by it for credit to Member's account as herein provided. Upon receipt of any contributions from Member, the attorney-in-fact shall forthwith deposit the balance thereof to the credit of said Plan in the depository named by the Board. 3.9 This Agreement is issued for a period not to exceed thirty-six (36) months from the date hereof, or until , whichever first occurs. This Agreement shall, upon payment of established annual contribution, be automatically extended for a further period of thirty-six (36) months, provided there are no unpaid contributions for the previous twelve (12) month period. 3.10 This Agreement may be terminated as of midnight on the Jast day of any calendar month by either of the parties hereto by giving thirty (30) days' written notice of its intention to terminate. 3.11 Any termination of this Agreement by cancellation prior to expiration of the term described in paragraph 3.10 shall not be effective until 12:01 a.m. of the eleventh (11'h) day after written notice of such termination has been received by the attorney-in-fact at its office. However, any termination by expiration of the membership term shall be effective at midnight the last day of that term. 3.12 Each Member agrees to initiate and maintain a safety and loss control program to give its employees proper working conditions and agrees to follow the recommendations of the Plan to promote the general welfare of its employees. Each Member, however, shall remain solely responsible for all decisions concerning its safety program and practices and may not rely upon evaluations or recommendations made by the Plan in making final decisions concerning its safety program and practices. 3.13 The Member shall cooperate with the Plan and, upon the Plan's request, shall attend conferences, hearings, and trials and shall assist in the effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and otherwise cooperate in the conduct of suits, or administrative proceedings. The Member shall not, except at its cost, which shall not be reimbursed by the Plan, voluntarily make any payment, assume any obligations or incur any expense other than for such immediate medical and other services at the time of injury as may be required by the Acts. , . ~j.!' " ., .,t.. . . . 12/18/06 Page 5 of5 3.14 Each Member does hereby appoint the Plan's attorney-in-fact as its agent to act in the Member's behalf to file reports and to make arrangements for payment of claims, medical expenses and all other things required or necessary insofar as they affect the Member's liability under the Acts or such Member's obligations under the rules, regulations, orders, or awards of the Worker's Compensation Board of Indiana. Upon a member entering into this Agreement, then the said member hereby appoints Timothy R. Downey Insurance, Inc. its attorney-in-fact. 3.15 Each Member shall make payment, upon demand, of all contributions as required under this Agreement. 3.16 The Board, the Plan's attorney-in-fact, and any of their officers, agents, servants, employees, or attorneys, shall be permitted at all reasonable times to inspect the Member's work places, plants, works, machinery and permitted at all times and within two (2) years following termination of membership to examine Member's books, vouchers, contracts, documents, and records of any and every kind which may be needed to verify any information provided to the Plan or contributions which are payable or were paid to thc Plan. 4. No alterations of this Agreement shall be valid unless in writing and executed by the Member and Plan through its attorney-in-fact. 5. This Agreement shall be constructed under the laws of the State of Indiana. 6. It is specifically agreed and understood that participation in the Plan shall not constitute the purchase of a contract of insurance nor convey an ownership interest in any assets of the Plan nor issuance of stock or other evidence of equity to the Member, except to the extent otherwise allowed by law or this agreement. IN WITNESS WHEREOF, the Member and the Plan, by and through their duly authorized representatives, executed this Agreement this I-!-r day of :J;.,"'i-(At'L'f hJo", By: , Printed name: .:;;l;.;.,.J S/I,lfNft:;f(;. For and on behalf of the Board of Directors Member Name CITY OF CARMEL ~A'fuoc;"dSi",'M' .~ !~ PrintcdName ~_~~ __ ~r:J) Title /if If)/' OR . ,