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HomeMy WebLinkAboutResolution 2000-104 Modify Benefits Non-Represented Non-Elec ,,iTY OF HUNTINGTON BEACrts - MEETING DATE: 11/6/2000 DEPARTMENT ID NUMBER: AS00-041 Council/Agency Meeting Held: —� Deferred/Continued to: Approved ❑ Conditionally Ap roved ElDenied D4> City Clerk Si nature Council Meeting Date: 11/6/2000 Department ID Number: AS00-041 CITY OF HUNTINGTON BEACH - CQ REQUEST FOR COUNCIL ACTION a SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City AdministratorCf� � po _��-r 'des- a ° . PREPARED BY: Clay Martin, Acting Administrative Services Director SUBJECT: APPROVE TWO (2) RESOLUTIONS TO MODIFY BENEFITS FOR NON-REPRESENTED, ELECTED AND NON-ELECTED DEPARTMENT HEADS, TO PROVIDE FOR A 401A PLAN TO DEFER INCOME FOR RETIREMENT. Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: Should the City Council authorize a modification in benefits for non- represented, elected and non-elected Department Heads by affording them the opportunity to participate in a 401A Money Purchase Retirement Plan? Funding Source: There is no additional cost to the city. Recommended Action: 1. Approve Resolution No.©2G6�40�a resolution of the City of Huntington Beach to modify benefits for non-represented, non-elected Department Heads. 2. Approve Resolution No. 000-/6, a resolution of the City of Huntington Beach to modify benefits for non-represented, elected Department Heads. Alternative Action(s): Reject the resolutions and maintain the current benefit package for department heads. Analysis: Under Section 401 of the Internal Revenue Code, the 401A Money Purchase Retirement Plan is available to government. This plan provides for an option to defer income and can be offered to specific, identifiable groups within a government unit, provided that the employer authorizes participation and makes a contribution. The City of Huntington Beach Department Heads may be organized into two groups, Non-Elected and Elected Department Heads. There are two proposed plans, one for each of these groups. 401a-RCA -2- 10/24/2000 4:05 PM K .QUEST FOR COUNCIL ACTKA MEETING DATE: 11/6/2000 DEPARTMENT ID NUMBER: AS00-041 For the purpose of the proposed plans, participating Department Heads have authorized the City to reduce their gross payroll by $1.00 per pay period and use these funds for the City's contribution to the plan. This would provide the mechanism to comply with the "required" employer contribution provision, at no cost to the City. Department Heads who choose to participate will then, within each group, determine the percentage of their gross payroll to be deferred. This decision is made by each group, not by the individual. Exhibits are attached to the proposed resolutions and provide specific information regarding the plans. Environmental Status: Not applicable Attachment(s): City Clerk's Page Number y Description r s 1 Resolution No.�� °tb modify benefits for Non-Elected Dept Heads :max A Exhibit A - Adoption Agreement provides the details of how the plan Y works. E=z B Exhibit B - Administrative Services Agreement authorizes ICMA to administer the plan and outlines the administrative provisions. C Exhibit C -ICMA 401 Loan Guidelines outlines the plan's loan provisions D Exhibit D -Department Head Participation Authorization Lisiting "`: itemizes group participation. 2 Resolution No a06040 o modify benefits for Elected Dept. Heads A Exhibit A - Adoption Agreement provides the details of how the plan works. g Exhibit B -Administrative Services Agreement authorizes ICMA to x administer the plan and outlines the administrative provisions. E C Exhibit C -ICMA 401 Loan Guidelines outlines the plan's loan provisions D Exhibit D -Department Head Participation Authorization Lisiting itemizes group participation. RCA Author: Beverly Braden 401a-RCA -3. 10/24/2000 4:05 PM ATTACHMENT # 1 RESOLUTION NO. 2000-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING BENEFITS FOR NON-REPRESENTED, NON-ELECTED DEPARTMENT HEADS WHEREAS, the establishment of a money purchase retirement plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and The City of Huntington Beach ("Employer") desires that its money-purchase retirement plan for non-represented, non-elected Department Heads be administered by the ICMA Retirement Corporation and that funds held under such plan be invested in the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans; and The City Council of the City of Huntington Beach desires to modify benefits for non- represented, non-elected Department Heads. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1. That the Employer hereby establishes a money-purchase retirement Plan (the"Plan") in the form of The ICMA Retirement Corporation Governmental Money Purchase Plan and Trust,pursuant to the specific provisions of the Adoption Agreement, attached hereto and incorporated herein by this reference as EXHIBIT "A." The Plan shall be maintained for the exclusive benefit of the non-represented,non-elected Department Heads and their beneficiaries. 1 adl/00reso/DeptHd Benefits >u.s 00-882 Res. No. 2000-104 SECTION 2. Benefits for non-represented, non-elected Department Heads shall be modified to allow for the Plan, and the City Treasurer is hereby authorized to execute all agreements attached hereto and incorporated herein by this reference as EXHIBITS "A," "B," and"C." For those Department Heads that choose to participate in the Plan, the Employer agrees to reduce their respective salary by S 1.00 per pay period, effective upon adoption hereof. Those Department Heads who do not choose to participate are hereby notified, and have agreed, that this is a one-time option and that they will not be allowed into the plan at a later date. Future newly hired and/or promoted Department Heads will have a 30-day period during which to make a determination to participate in the Plan. A listing of existing Department Heads and their respective participation choices is reflected in EXHIBIT "D," attached hereto and incorporated herein by this reference. SECTION 3. That the Employer, through the City Treasurer, hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the ICMA Retirement Trust. SECTION 4. That the City Treasurer shall also be the coordinator for the Plan; shall receive reports,notices,etc., from the ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast, on behalf of the Employer, any required votes under the ICMA Retirement Trust; may delegate any administrative duties relating to the Plan; and is authorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan. _ SECTION 4. Except as modified herein, all existing benefits of the specified Department Heads shall remain in effect. 2 adl/00reso/DeptHd Benefits RLS 00-882 Res. No. 2000-104 SECTION 5. Any resolution in conflict herewith, whether by minute action or resolution of the City Council heretofore approved, is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6j-h day of November 2000. a.Lr" Mayor ATTEST: APPROVED AS TO FORM: r City Clerk 1) 29-"' (',City Attorney (7 , 4- 0 0 REVIEWED AND APPROVED: INITIATED AND APPROVED: Q� s� i City A ministrator i easu r 3 adl/00reso/DeptHd Benefits RLS 00-882 Res.No.2000-104 EXHIBIT A AA RETIREMENT CORPORATIOI Res.No.2000-104 GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT Account Number 10- '7&C?41 The Employer hereby establishes a Money Purchase Plan and Trust to be known as (the"Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust.The Plan shall be known as: C� of- 411AJiA"- QPX 8CQ C6 CJ2 A Md" 11eQds [9061 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 money purchase plan which this Plan hereby amends and restates: I. Employer Name: a4y oA Wr4zd &e Aen ►b [902] II. The Effective Date of the Plan shall be the first day of the Plan Year during which the Employer adopts the Plan,unless an alternate Effective Date is hereby specified: III. PlanYear will mean: 0 The twelve (12) consecutive month period which coincides with the limita- tion year. (See Section 5.04(i) of the Plan.) [8031 54 The twelve (12) consecutive month period commencing on ,I 4,bIcy 2oG 1 e and each anniversary thereafter. IV Normal Retirement Age (not to exceed age 65) shall be age SS (288] V ELIGI$ILITY REQUIREMENTS: I. The following group(s) of Employees are eligible to participate in the Plan: I All Employees --- All Pull-Time Employees i --_--_-- Salaried Employees - Non-union Employees ___-- Management Employees ___-- Public Safety Employees i General Employees _ X Other (specify below): / .�eder�Lir,,r� �,��al�S' i/✓c►�,—t'/e_c�ed� MPP Adoption Agreement 4/30/2000 1 The group sl. ied must correspond to a group of the ie designation that is defined in the statutes,ordinances,rules,regulations,personnel manuals or other material in effect in the state or locality of the Employer. 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 _3D��I write N/A if an Employee is eligible to participate upon employment). 77 [344] 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 (not to exceed age 21). Write N/A if no mini- [341] mum age is declared. VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows (choose one): 1� Fixed Employer Contributions.With Or Without Mandatory Participant Contributions. The Employer shall contribute on behalf of each Participant % of earnings or $ 2&. for the P1anYear (subject to the limitations ofArticle V of the Plan). Each Participant is required to contribute 6' % of earnings or$ for the P1anYear as a condition of participation in the Plan. (Write"0"if no contribution is required.) If Participant Contributions are required under this option,a Participant shall not have the right to discontinue or vary the rate of such contribu- tions after becoming a Plan Participant. 1 i The Employer hereby elects to"pick up."the Mandatory/Required ! Participant Contribution. j Yes ❑ No [621] The pick-up provision specifies that the contribution is treated,for federal income tax purposes,as though it is made by the employer.The pick-up provision allows the employee to defer taxes on the employee mandatory contribution.The actual result is the same as if the contribu- tion were a reduction in that employee's salary by the amount of the contribution.Picked up contributions are NOT exempt from Social Security tax [Note to Employer: A determination letter issued to an adopting Em- ployer is not 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 ruling. 2 MPP Adoption Agreement 4/30/2000 [i __Ked up contributions are excludable fro.__ the ParticipaAsOW000-104 income under section 414(h)(2) of the Internal Revenue Code of 1986 only if they meet the requirements of Rev.Rul. 81-35, 1981-1 C.B. 255. Those requirements are (1) that the Employer must specify that the contributions,although designated as employee contributions,are being paid by the Employer in lieu of contributions by the employee;and (2) the employee must not have the option of receiving the contributed amounts directly instead of having them paid by the Employer to the plan.] ❑ Fixed Employer Match of Participant Contributions. The Employer shall contribute on behalf of each Participant % of Earnings for the PlanYear (subject to the limitations ofArticleV of the Plan) for each PlanYear that such Participant has contributed % of Earnings or $ . Under this option,there is a single,fixed rate of Employer contributions,but a Participant may decline to make the required Participant contributions in any PlanYear,in which case no Employer contribution will be made on the Participant's behalf in that PlanYear. ❑ Variable Employer Match Of Participant Contributions. I The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations of Article V of the Plan): i % of the contributions made by the Participant for the Plan Year (not including Participant contributions exceeding % of Earnings or $ ); PLUS % of the contributions made by the Participant for the PlanYear in excess of those included in the above paragraph (but not including Participant contributions exceeding in the aggregate % of Earnings or$ ). i i Employer Contributions on behalf of a Participant for a PlanYear shall not exceed $ or % of Earnings,whichever is more or less. 2. Each Participant may make a voluntary (unmatched),after-tax contribution,subject to the limitations of Section 4.05 and Article V of the Plan. Yes ❑ No MPP Adoption Agreement 4/30/2000 3 3. Employer co. _)utions and Participant contributions s. . be contributed to the Trust in accordance with the following payment schedule: (please circle one choice) f6l11 0 Bi-Weekl - 1 Weekly 2 Semi-Weekly Bi-Monthly 4 Monthly 5 Senu-Monthly 6 Bi-Quarterly 7 Quarterly 8 Semi-Quarterly 9 Bi-Annually 10 Annually 11 Semi-Annually 250/6 off' sick. leave and, geyiemL leavelpay-out- at- separ&44+ 4'0 so VII. EARNINGS 1»+ °gran?' Earnings,as defined under Section 2.09 of the Plan,shall include: (a) Overtime ❑ Yes No (b) Bonuses Yes ❑ No VIII. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or vas) a participant or could possibly become a participant, 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 and 5.03 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan main- tained by the Employer, the provisions of Section 5.02(a) through (f} of the Plan will apply unless another method has been indicated below. ❑ Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount,and will s properly reduce any excess amounts,in a manner that precludes Em- ployer discretion.) q 1 w A f 2. If the Participant is or has ever been a participant in a defined benefit plan maintained by the Employer,and if the limitation in Section 5.03 of the Plan would be exceeded, then the Participant's Projected Annual Benefit under the defined benefit plan shall be reduced in accordance with the terms thereof to the extent necessary to satisfy such limitation. If such plan does not provide for such reduction,or if the limitation is still exceeded after the reduction,annual additions shall be reduced to the extent necessary in the manner described in Sections 5.02 and 5.02. The methods of avoiding the limita- tion described in this paragraph will not apply if the Employer indicates another method below. 4 MPP Adoption Agreement 4/30/2000 ❑ L --r Method. (Note to Employer: Prov. )elow languag(Ra A6r 2000-104 will satisfy the 1.0 limitation of section 415(e) of the Code. Such language must preclude Employer discretion. See section 1.415-1 of the Regulations for guidance.) 3. The limitation year is the following 12-consecutive month period: IX. 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 /&O % One IOQ % Two 110 a % Three "% Four /6D % Five % Six �Q_% Seven /010 % Eight /D D % Nine /00 % Ten 00 % X. Loans are permitted under the Plan,as provided in Article XIII: Yes ❑ No [751] XI. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XII. The Plan Administrator hereby agrees to inform 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. XIII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administra- tor pursuant to the terms and conditions of the ICMA RETIREMENT CORPORA- TION GOVERNMENTAL MONEY PURCHASE PLAN &TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. MPP Adoption Agreement 4/30/2000 5 XIV. The Employer herei -knowledges it understands that failure properly fill out this Adoption Agreement may result in disqualification of the Plan. XV. An adopting Employer may not rely on a determination letter issued by the National or District Office of the Internal Revenue Service as evidence that the Plan is qualified under Section 401 of the Inter- nal Revenue Code. In order to obtain reliance with respect to plan qualification, the Employer must apply to the appropriate key district office for a determination letter. In Witness Whereof,the Employer hereby causes this Agreement to be executed on this day of , 200 EMPLOYER By: Title: Ci4y Teas u.rey- Attest: ACCEPTED: ICMA RETIREMENT CORPORATION 1 4 Title: Corporate Secretary Attest: . If k S { i i i r 6 MPP Adoption Agreement 4/30/2000 Res. No.2000-104 EXHIBIT B Res. No.2000-104 ADMINISTRATIVE SERVICES AGREEMENT Type: 401 Account Number: 7694 Plan 694 Res. No.2000-104 ADMINISTRATIVE SERVICES AGREEMENT This Agreement, made as of the day of , 2000 (herein referred to as the "Inception Date"), between The International City Management Association Retirement Corporation ("RC"), a nonprofit corporation organized and existing under the laws of the State of Delaware; and the City of Huntington Beach (Department Heads) ("Employer") a City organized and existing under the laws of the State of California .with an office at 2000 Main Street, Huntington, California 92648. 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 document, "Making Sound Investment Decisions: A Retirement Investment Guide." 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 alternatives, account maintenance, account record-keeping, investment and tax reporting, form processing, benefit disbursement and asset management. 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; Plan '694 Res. No.2000-104 (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. Adoption of Trust 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. Employer Duty to Furnish 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 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. RC will provide account information in reports, statements or accountings. 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. Plan 394 Res.No.2000-104 (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 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 Certain Proceedings 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 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. Compensation and Payment (a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.29% per annum of the amount of Plan assets invested in the Trust. Such fee shall be computed based on average daily net Plan 694 Res. No.2000-104 Plan assets in the Trust. (b) Account Maintenance Fee. There shall be an annual account maintenance fee of $0.00 . The account maintenance fee is payable in full on January 1st of each year on each account in existence on that date. For accounts established AFTER January 1 st, 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. (c) Compensation for Management Services to the Trust and Advisory and other Services to the Vantagepoint Funds. 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. Employer further acknowledges that certain wholly-owned subsidiaries of 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. (d) Mutual Fund Services Fee. There is an annual charge of 0.25% assessed against average daily net Plan assets invested in the Trust's Mutual Fund Series. (e) Model Portfolio Fund Fee.There is an annual charge of 0.10% assessed against daily average net Plan assets invested in the Trust's Model Portfolio Funds. (f) Payment Procedures. All payments to 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. The amount of Plan assets held in the Trust shall be adjusted by the Trust as required to reflect such payments. 7. 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 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 will return it to Employer with proper instructions. Plan '694 Res. No.2000-104 8. Responsibility 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. Term This Agreement'may be terminated without penalty by either party on sixty days advance notice in writing to the other. 10. Amendments and Adjustments (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, power or privilege hereunder shall operate as a waiver of such right, remedy, power or privilege. 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 sole agreement between RC and Employer relating Plan '694 Res. No.2000-104 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. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. 13. 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 have executed this Agreement as of the Inception Date first above written. CITY OF HUNTINGTON BEACH (DEPARTMENT HEADS) by: Signature/Date 6Aari Fr er'den riGl,, e.-IV 7;aa&wev Name and Title (Please Print) INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION by._ Paul Gallagher Corporate Secretary Res.No.2000-104 EXHIBIT C ICMA RETIREMENT CORPORA' )N Res.No.2000-104 401 PLAN LOAN GUIDELINES NAME OF PLAN: Beach Z�-eoar ems-&&_acs W. 1 I. PURPOSE The purpose of these guidelines is to establish the terms and conditions under which the Employer will grant loans to participants. This is the only official Loan Program Document of the above named Plan. II. ELIGIBILITY Loans are available to all active employees. Loans will not be granted to participants who have an existing loan in default. Loans are available from the following sources: [select one or both] ❑ Employer Contribution Account (vested balances only) 03 Participant Contribution Accounts (pre- and post-tax, if applicable, including Employee Mandatory, Employee Voluntary, Employer Rollover, and Portable Benefits Accounts, but excluding the Deduct- ible Employee Contribution/Qualified Voluntary Employee Contribution Account) Loans will be pro-rated among all the funds in which the participant is invested at the time the loan is made. Loans are available for the following purposes: [select one] All purposes ❑ Loans shall only be granted in the event of a participant's hardship or for the purpose of enabling a participant to meet certain specified financial situations. The Employer shall determine, based on all relevant facts and circumstances, that the amount of the loan is not in excess of the amount required to relieve the financial need. For this purpose, financial need shall include, but shall not be limited to: unreimbursed medical expenses of the participant or the participant's immediate family, establishing or substantially rehabilitating the principal residence of the participant, or paying for a college education (including graduate studies) for the participant or his/her dependents. III. FREQUENCY OF LOANS [select one] ❑ Participants may receive one loan per calendar year. Moreover, participants may have only one outstanding loan at a time. A Participants may receive one loan per calendar year. Moreover, no participant may have more than five (5) loans outstanding at one time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . two 401 Loan Guidelines Res. No.2000-104 IV. LOAN AMOUNT The minimum loan amount is 51,000. The maximum amount of all loans to the participant from the Plan and all other plans sponsored by the Employer that are qualified employer plans under Section 72(p) (4) of the Code is the lesser of: (1) S50,000, reduced by the excess (if any) of: a. The highest outstanding balance of loans during the one-year period ending on the day before the date a loan is to be made, over b. The outstanding balance of loans on the date the loan is to be made; or (2) 1/2 of the participant's vested account balance. If a participant has any loans outstanding at the time a new loan is requested, the new loan will be limited to the maximum amount calculated above reduced by the total of the outstanding loans. A loan cannot be issued for more than the above amount. The participant's requested loan amount is subject to downward adjustment without notice due to changes in account balance between the time of application and the time the loan is made. V. LENGTH OF LOAN A loan must be repaid in substantially equal installments of principal and interest, at least monthly, over a period that does not exceed five (5) years. Loans for a principal residence must be repaid in substantially equal installments of principal and interest, at least monthly, over no more than 30 [state number of years] years (maximum 30 years). VI. LOAN REPAYMENT PROCESS Loans for active employees must be repaid through payroll deduction. Repayment will begin as soon as practicable on a date determined by the Employer's payroll cycle. Loans outstanding for former employees who are allowed under Section X to maintain their loans or loans out- standing for employees on a leave of absence must be repaid on the same schedule as if payroll deductions were still being made unless they reamortize their loans and establish a new repayment schedule which provides that substan- tially equal payments are made at least monthly over the remaining period of the loan. All repayments must be made through the Employer. Loan payments, including loan payments from former employees, are allocated to the same investment options designated on the 401 Enrollment Form or according to the most current 401 change form which specifies contribution allocations. The participant may pay off all or a portion of the principal interest early without penalty or additional fee. Extra payments are applied forward to both principal and interest as specified in the original repayment schedule, unless the additional payment is for the balance due. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . three 1CMA RETIREMENT CORPORA" 'IN Res. No.2000-104 VII. LOAN INTEREST RATE The rate of interest for loans of five (5) years or less will be based on prime plus 0.5%. The rate of interest for loans for a principal residence will be based on the FHA rate. Interest rates are determined on the last business day of the month preceding the month the loan is disbursed. The interest rate is locked in at the time a loan is approved and remains constant throughout the life of the loan. The prime interest rate is determined on the last business day of each month using The Wall Street Journal as the source. The FHA interest rate is also determined on the last business day of each month using a national rateline service as the source. Loan interest rates for new loans may fluctuate upward or downward monthly, depending on the movement of the prime and FHA interest rates. The Employer may modify the manner in which loan interest rates will be determined, but only with respect to future loans. VIII. LOAN APPLICATION PROCEDURE All loans must be requested in writing on an application approved by the Plan Administrator. The application must be signed by the participant. The Employer must review and approve the application. If the participant is marred at the time of application, and spousal consent is required by the Plan for the loan, the participant's spouse must consent, in writing, to the loan and the consent must be witnessed by a plan representa- tive or notary public. Such consent must be given within the ninety (90) day period before the time the loan is made. Spousal consent, if required, must accompany the application in order for the application to be considered complete. The participant will be required to sign a promissory note evidencing the loan and a disclosure statement which includes an amortization schedule prior to receiving a loan check. Loan checks will generally be issued two busi- ness days following the receipt of a complete loan application received through 12 noon Eastern Time. The loan check, promissory note, disclosure statement and truth-in-lending recision notice will be sent to the Employer, who will obtain the necessary signatures and deliver the check to the participant. All executed documents must be returned to the Plan Administrator within 10 calendar days from the date the check is issued. IX. SECURITY/COLLATERAL That portion of a participant's vested account balance that is equal to the amount of the loan is used as collateral for the loan. The collateral amount may not exceed 50 percent of the participant's vested account balance at the time the loan is taken. Only that portion of the vested account balance that corresponds to the amount of the-outstand- ing loan balance is used as collateral. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . four 401 Loan Guidelines Res. No.2000-104 X. ACCELERATION [select one] All loans are due and payable in full upon separation from service. ❑ All loans are due and payable when a participant receives a distribution of all of his/her account balance after separation from service. The amount of the outstanding loan balance will be reported as a distribution in addition to the amount of cash distributed from the plan. ❑ All loans are due and payable when a participant receives a distribution of part of his/her account balance after separation from service. The amount of the outstanding loan balance will reported as a distribution in addition to the amount of cash distributed from the plan. XI. REAMORTIZATION Any outstanding loan may be reamortized. Reamortization means changing the terms of a loan, such as length of repayment period, interest rate, and frequency of repayments. A loan may not be reamortized to extend the length of the loan repayment period to more than five (5) years from the date the loan was originally made, or in the case of a loan to secure a principal residence, beyond the number of years specified by the Employer in Section V above. A participant must request the reamortization of a loan in writing on a reamortization application acceptable to the Plan Administrator. Spousal consent must accompany the request for reamortization when such consent is re- quired by the Plan. Upon processing the request, a new disclosure statement will be sent to the Employer for endorsement by the participant and approval by the Employer. The executed disclosure statement must be re- turned to the Plan Administrator within 10 calendar days from the date it is signed. The new disclosure statement is considered an amendment to the original promissory note, therefore a new promissory note will not be re- quired. A reamortization will not be considered a new loan for purposes of calculating the number of loans outstanding or the one loan per calendar limit. XI1. REFINANCING EXISTING LOANS If a participant has one outstanding loan, that loan may be refinanced. If a participant has more than one outstand- ing loan, no loans may be refinanced. Refinancing means concurrently repaying an existing loan and borrowing an additional amount through a new loan. In order to refinance an existing loan, a participant must request a new loan in writing on an application approved by the Plan Administrator. Spousal consent must accompany the application when such consent is required by the Plan. Such request must be made at a time when the participant is eligible to obtain a loan as defined by the Employer in Section III above. The amount of a new loan requested for the purpose of refinancing is subject to the loan limits specified in Section IV above. Because refinancing is considered a new loan, only active employees may refinance an outstanding loan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . five ICMA RETIREMENT CORPORAT" -N Res.No.2000-104 XI11. REDUCTION OF LOAN If a participant dies and leaves an outstanding loan, the unpaid loan balance(s) will be repaid from the account balance before any distributions are made to a benefician-(ies). The unpaid loan amount is a taxable distribution and may be,subject to early withdrawal penalties. The participant's estate is responsible for taxes or penalties on the unpaid loan amount, if any. The beneficiary is responsible for taxes due on the amount he/she receives. A Form 1099-R will be issued to both the beneficiary and the estate for these purposes. XIV. LOAN DEFAULT If a required payment of principal and interest is not made -,within 90 days of the date such payment is due, the loan is considered in default. If a loan is in default, the loan will be foreclosed during the calendar year in which the participant separates from service. However, the IRS "deems" a default to be a distribution in the year the default occurs. Therefore, the amount of the outstanding loan at the time of the default, including accrued interest, will be reported to the IRS as a distribution in the year the default occurs even though the loan may not be foreclosed at that time. The distribution may be subject to taxes and possibly a penalty for early withdrawal. If a participant has separated from service and defaults on a loan, then the loan will be foreclosed during the calendar year in which the default occurs. The amount of the outstanding loan, including accrued interest, will be reported to the IRS as a distribution which may be subject to taxes and possibly a penalty for early withdrawal. If the Employer has elected in Section X and the promissory note so provides, a loan becomes due and payable when the participant separates from service. If the terms of the loan contain this provision, the outstanding loan amount is "deemed" in default as of the date of separation from service. The amount of the outstanding loan, including accrued interest, will be reported to the IRS as a distribution which may be subject to taxes and possibly a penalty for early withdrawal. If the Employer has so elected in Section X and the promissory note so provides, a loan becomes due and payable when the participant takes a distribution of some or all of the balance in his/her account after separation from service. If the terms of the loans contain such a provision and the outstanding loan balance is not paid prior to the distribution from the account, the outstanding loan amount will be considered in default upon issuance of the distribution check. The amount of the outstanding loan, including accrued interest, will be reported to the IRS as a distribution which may be subject to taxes and possibly a penalty for early withdrawal. Participants who have an existing loan in default will not be eligible for additional loans. XV. DE MINIMIS ACCOUNTS AND OUTSTANDING LOAN BALANCE If a participant separates from service and the participant's total vested account balance, including the outstanding loan balance, is$5,000 or less, the Plan will automatically foreclose the loan. The account balance remaining after the loan has been satisfied will be disbursed in accordance with De Minimis provisions of Section 10.04 of the Plan. If this occurs, the amount of the loan, including accrued interest, will be reported to the IRS as part of the distribution, which may be subject to taxes and possibly a penalty for early withdrawal. Participants who have an existing loan in default will not be eligible for additional loans. XVI. FEES Fees may be charged for various services associated with the application for and issuance of loans. All applicable fees will be debited from the participant's account balance and/or from the participant's loan repayments prior to crediting the repayment of principal and interest to the participant's account. A schedule of fees applicable to this Plan is available from the Plan Administrator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . six 401 Loan Guidelines Res.No.2000-104 XVI1. OTHER The Employer has the right to set other terms and conditions as it deems necessary for loans from the Plan in order to comply with any legal requirements. All terms and conditions will be administered in a uniform and non- discriminatory manner. In Witness Whereof, the Employer hereby caused these Guidelines to be executed this day of 19_ . EMPLOYER ACCEPTED: ICMA RETIREMENT CORPORATION BY: BY: TITLE: TITLE: ATTEST: ATTEST: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . seven Res.No.2000-104 EXHIBIT D Res.No.2000-104 EXHIBIT "W DEPARTMENT HEAD PARTICIPATION AUTHORIZATION LISTING Participation Department Department Head YES NO Admin: Asst City Admin VACANT --4 Admin: Organization Effectiveness 1 Mar-tin, Clay x 1 Admin: Communications 4 Barnard, Rich x Administrative Services Reekstin, John x Building & Safety Cranmer, Ross x Community Services Hagan, Ron x Economic Development Biggs, David x Fire & Info/SysMichael i X Library I Hayden, Ron x Planning Zelefsky, Howard I x Police Lowenberg, Ronald x i Public Works Beardsley, Robert X Individual "Participation Declaration" forms are on file. Res. No. 2000-104 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 6th day of November, 2000 by the following vote: AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Harman ABSTAIN: None City Clerk and ex-officio C erk of the City Council of the City of Huntington Beach, California 3 W* RESOLUTION NO. 2000-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING BENEFITS FOR NON-REPRESENTED, ELECTED DEPARTMENT HEADS WHEREAS, the establishment of a money purchase retirement plan benefits employees by providing funds for retirement and funds for their beneficiaries in the event of death; and The City of Huntington Beach ("Employer") desires that its money-purchase retirement plan for non-represented, elected Department Heads ("elected Department Heads") be administered by the ICMA Retirement Corporation and that funds held under such plan be invested in the ICMA Retirement Trust, a trust established by public employers for the collective investment of funds held under their retirement and deferred compensation plans; and The City Council of the City of Huntington Beach desires to modify benefits for non- represented, elected Department Heads. NOW,THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1. That the Employer hereby establishes a money-purchase retirement Plan(the"Plan") in the form of The ICMA Retirement Corporation Governmental Money Purchase Plan and Trust,pursuant to the specific provisions of the Adoption Agreement, attached hereto and incorporated herein by this reference as EXHIBIT "A." The Plan shall be maintained for the exclusive benefit of the non-represented, elected Department Heads and their beneficiaries. 1 adli00reso/DeptHd BenefitsElected RLS 00-954 Res. No.2000-105 SECTION 2. Benefits for non-represented, elected Department Heads shall be modified to allow for the Plan, and the City Treasurer is hereby authorized to execute all agreements attached hereto and incorporated herein by this reference as EXHIBITS "A," "B," and "C." For those elected Department Heads that choose to participate in the Plan, the Employer agrees to reduce their respective salary by$1.00 per pay period, effective upon adoption hereof. Those elected Department Heads who do not choose to participate are hereby notified, and have agreed, that this is a one-time option and that they will not be allowed into the plan at a later date. Future newly hired and/or promoted Department Heads will have a 30-day period during which to make a determination to participate in the Plan. A listing of existing elected Department Heads and their respective participation choices is reflected in EXHIBIT "D," attached hereto and incorporated herein by this reference. SECTION 3. That the Employer, through the City Treasurer, hereby agrees to serve as trustee under the Plan and to invest funds held under the Plan in the ICMA Retirement Trust. SECTION 4. That the City Treasurer shall also be the coordinator for the Plan; shall receive reports, notices, etc., from the ICMA Retirement Corporation or the ICMA Retirement Trust; shall cast, on behalf of the Employer, any required votes under the ICMA Retirement Trust; may delegate any administrative duties relating to the Plan; and is authorized to execute all necessary agreements with ICMA Retirement Corporation incidental to the administration of the Plan. SECTION 4. Except as modified herein, all existing benefits of the specified elected Department Heads shall remain in effect. 2 adl/00reso/DeptHd BenetitsElected RLS 00-954 Res.No.2000-105 SECTION 5. Any resolution in conflict herewith, whether by minute action or resolution of the City Council heretofore approved, is hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of November 2000. Mayor ATTEST: APPROVED AS TO FORM: City Clerk (I-2y,�' / City Attorney ` ' z _ 0 3 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Administrator i-t r asure 3 adl/00reso/DeptHd BenefitsElected RLS 00-95 t Res.No.2000-105 EXHIBIT A .__dvlA RETIREMENT CORPORATIO, Res. No.2000-105 GOVERNMENTAL MONEY PURCHASE PLAN & TRUST ADOPTION AGREEMENT Account Number 10. "1b�15 The Employer hereby establishes a Money Purchase Plan and Trust to be known as (the"Plan") in the form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust.The Plan shall be known as: C.a a \��.,��n g- C�en e`r. L\e ; rd fl� eat- AS [906] This Plan is an amendment and restatement of an existing defined contribution money purchase plan, U Yes 3 No If yes,please specify the name of the defined contribution money purchase plan which this Plan hereby amends and restates: I. Employer Name: J �A v nA NwnN on E)tA C [9021 II. The Effective Date of the Plan shall be the first day of the PlanYear during which the Employer adopts the Plan,unless an alternate Effective Date is hereby specified: III. PlanYear will mean: U The twelve (12) consecutive month period which coincides with the limitaa Lion year. (See Section 5.04(i) of the Plan.) [Roil tA The twelve (12) consecutive month period commencing on tan.�_Zoos and each anniversary thereafter. taoil IV Normal PLetirement Age (not to exceed age 65) shall be age S`� (2881 V ELIGIBILITY REQUIREMENTS: 1, The following group(s) of Employees are eligible to participate in the Plan: All Employees All Full-Time Employees Salaried Employees Nonunion Employees Management Employees Public Safety Employees Central Employees �.� Other (specify below): )C�- c1s MPP Adoption Ag€@@m@n€4/30/2000 1 The group sp, .ed must correspond to a group of the .e designation that is defined in the statutes,ordinances,rules,regulations,personnel manuals or other material in effect in the state or locality of the Employer. 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 "3(3 AAN write N/A if an Employee is eligible to participate upon employment). [344] 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 miniinum age requirement is _L�A (not to exceed age 21). Write N/A if no mini- [341] mum age is declared. VI. CONTRIBUTION PROVISIONS 1. The Employer shall contribute as follows (choose one): Fixed Employer Contributions With Or Without Mandatory Participant Contributions. The Employer shall contribute on behalf of each Participant % of earnings or S 210.00 for the PlanYear (subject to the linutations of Article V of the Plan). Each Participant is required to contribute \O % of earnings or $ for the Plan Year as a condition of participation in the Plan. (Write"0"if no contribution is required.) If Participant Contributions are required under this option,a Participant shall not have the right to discontinue or vary the rate of such contribu- tions after becoming a Plan Participant. 1 The Employer hereby elects to"pick up" the Mandatory/Required j Participant Contribution. Yes ❑ No [621] ! f The pick-up provision specifies that the contribution is treated,for federal income tax purposes,as though it is made by the employer.The pick-up provision allows the employee to defer taxes on the emlloyee mandatory contribution.The actual result is the same as if the contribu- tion were a reduction in that employee's salary by the amount of the contribution.Picked up contributions are NOT exempt from Social Security ray. ' [Note to Employer: A determination letter issued to an adopting Em- ployer is not.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 ruling. ' 2 MPP Adoption Agreement 4/30/2000 [r.,xed up contributions are excludable frc..._ the Participant's �MS Vo.2000-105 income under section 414(h)(2) of the Internal Revenue Code of 1986 only if they meet the requirements of Rev.Rul. 81-35, 1981-1 C.B.255. Those requirements are (1) that the Employer must specify that the contributions,although designated as employee contributions,are being paid by the Employer in lieu of contributions by the employee;and (2) the employee must not have the option of receiving the contributed amounts directly instead of having them paid by the Employer_ to the plan.] ❑ Fixed Employer Match of Participant Contributions. The Employer shall contribute on behalf of each Participant % of Earnings for the PlanYear (subject to the limitations of Article V of the Plan) for each PlanYear that such Participant has contributed % of Earnings or $ . Under this option, there is a single,fixed rate of Employer contributions,but a Participant 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 PlanYear. ❑ Variable Employer Match Of Participant Contributions. The Employer shall contribute on behalf of each Participant an amount determined as follows (subject to the limitations ofArticleV of the Plan): % of the contributions made by the Participant for the Plan Year (not including Participant contributions exceeding % of Earnings or $ ) 1 PLUS % of the contributions made by the Participant for the PlanYear in excess of those included in the above paragraph (but not including Participant contributions exceeding in the aggregate % of Earnings or$ ). Employer Contributions on behalf of a Participant for a PlanYear shall not exceed $ or % of Earnings,whichever is more or less. 2. Each Participant may make a voluntary (unmatched),after-tax contribution,subject to the limitations of Section 4.05 and Article V of the Plan. Yes ❑ No MPP Adoption Agreement 4/30/2000 3 3. Employer con,__,utions and Participant contributions sh— oe contributed to the Trust in accordance with the following payment schedule: (please circle one choice) (611 l 0 Bi-Weekl - 1 Weekly 2 Senu-Weekly 3 Bi-Monthly 4 Monthly 5 Semi-Monthly 6 Bi-Quarterly 7 Quarterly 8 Semi-Quarterly 9 Bi-Annually 10 Annually 11 Semi-Annually 250)v of UAve ArNA GerNei-a\ Leave PAy-o�! f�4 'SCPA�a}��^ VIL EARNINGS ttit Quo hn Earnings,as defined under Section 2.09 of the Plan,shall include: (a) Overtime ❑ Yes No (b) Bonuses Yes ❑ No VIII. LIMITATION ON ALLOCATIONS If the Employer maintains or ever maintained another qualified plan in which any Participant in this Plan is (or vas) a participant or could possibly become a participant, 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 and 5.03 of the Plan). 1. If the Participant is covered under another qualified defined contribution plan main- tained by the Employer, the provisions of Section 5.02(a) through (0 of the Plan will apply unless another method has been indicated below. i f ❑ Other Method. (Provide the method under which the plans will limit total Annual Additions to the Maximum Permissible Amount,and will properly reduce any excess amounts,in a manner that precludes Em- ployer discretion.) i 2. If the Participant is or has ever been a participant in a defined benefit plan maintained by the Employer,and if the limitation in Section 5.03 of the Plan would be exceeded, then the Participant's Projected Annual Benefit under the defined benefit plan shall be reduced in accordance with the terms thereof to the extent necessary to satisfy such limitation. If such plan does not provide for such reduction,or if the limitation is still exceeded after the reduction,annual additions shall be reduced to the extent necessary in the manner described in Sections 5.02 and 5.02. The methods of avoiding the limita- tion described in this paragraph will not apply if the Employer indicates another method below. 4 MPP Adoption Agreement 4/30/2000 ❑ L _er Method. (Note to Employer: Prop oelow language Njii fk 2000-105 will satisfy the 1.0 limitation of section 415(e) of the Code. Such language must preclude Employer discretion. See section 1.415-1 of the Regulations for guidance.) 3. The limitation year is the following 12-consecutive month period: N'A IX. 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 Ina% One \0 0 Two \OJ % Three \o o % Four \0 0 % Five 1,30 % Six \V o % Seven NOZ_% Eight \OO % Nine 1 O O % Ten \00 % X. Loans are permitted under the Plan,as provided in Article XIII: $� Yes ❑ No [751] XI. The Employer hereby attests that it is a unit of state or local government or an agency or instrumentality of one or more units of state or local government. XII. The Plan Administrator hereby agrees to inform 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. XIII. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administra- tor pursuant to the terms and conditions of the ICMA RETIREMENT CORPORA- TION GOVERNMENTAL MONEY PURCHASE PLAN &TRUST. The Employer hereby agrees to the provisions of the Plan and Trust. MPP Adoption Agreement 4/30/2000 5 XIV. The Employer heret_ cknowledges it understands that failun. properly fill out this Adoption Agreement may result in disqualification of the Plan. XV. An adopting Employer may not rely on a determination letter issued by the National or District Office of the Internal Revenue Service as evidence that the Plan is qualified under Section 401 of the Inter- nal Revenue Code. In order to obtain reliance with respect to plan qualification, the Employer must apply to the appropriate key district office for a determination letter. In Witness Whereof,the Employer hereby causes this Agreement to be etecuted on this day of , 200 EMPLOYER By: Title: e,41-tj /h e_a*u re r^ Attest: ACCEPTED: ICMA RETIREMENT CORPORATION Title: Corporate Secretary Attest: 6 MPP Adoption Agreement 4/30/2000 Res. No.2000-105 EXHIBIT B Res. No.2000-106 ADMINISTRATIVE SERVICES AGREEMENT Type: 401 Account Number: 7695 Plan i95 Res.No.2000-105 ADMINISTRATIVE SERVICES AGREEMENT This Agreement, made as of the day of 2000 (herein referred to as the "Inception Date"), between The International City Management Association Retirement Corporation ("RC"), a nonprofit corporation organized and existing under the laws of the State of Delaware; and the City of Huntington Beach (Department Heads) ("Employer") a City organized and existing under the laws of the State of California with an office at 2000 Main Street, Huntington, California 92648. 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 document, "Making Sound Investment Decisions: A Retirement Investment Guide." 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 alternatives, account maintenance, account record-keeping, investment and tax reporting, form processing, benefit disbursement and asset management. 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; Plan 695 Res. No.2000-105 (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. Adoption of Trust 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. Employer Duty to Furnish 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 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. RC will provide account information in reports, statements or accountings. 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. Plan # 95 Res.No.2000-105 (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 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 Certain Proceedings 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 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. Compensation and Payment (a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.29% per annum of the amount of Plan assets invested in the Trust. Such fee shall be computed based on average daily net Plan 695 Res. No.2000-105 Plan assets in the Trust. (b) Account Maintenance Fee. (i) There shall be an annual account maintenance fee of $0.00 . The account maintenance fee is payable in full on January 1st of each year on each account in existence on that date. For accounts established AFTER January 1st, 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. (ii) The account maintenance fee will be waived beginning in the year following the year in which total Plan assets exceed $4 million. (c) Compensation for Management Services to the Trust and Advisory and other Services to the Vantagepoint Funds. 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. Employer further acknowledges that certain wholly-owned subsidiaries of 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. (d) Mutual Fund Services Fee. There is an annual charge of 0.25% assessed against average daily net Plan assets invested in the Trust's Mutual Fund Series. (e) Model Portfolio Fund Fee.There is an annual charge of 0.10% assessed against daily average net Plan assets invested in the Trust's Model Portfolio Funds. (f) Payment Procedures. All payments to 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. The amount of Plan assets held in the Trust shall be adjusted by the Trust as required to reflect such payments. 7. 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 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 will return it to Employer with proper instructions. Plar 7695 Res. No.2000-105 8. Responsibility 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. Term This Agreement may be terminated without penalty by either party on sixty days advance notice in writing to the other. 10. Amendments and Adjustments (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, power or privilege hereunder shall operate as a waiver of such right, remedy, power or privilege. 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 sole agreement between RC and Employer relating Plan 595 Res. No.2000-105 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. Any prior agreements, promises, negotiations or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. 13. 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 have executed this Agreement as of the Inception Date first above written. CITY OF HUNTINGTON BEACH (BEACH EMPLOYEES) by: Signature/Date Shaci r: ; T e eer Name and Title (Please Pri t) INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION f l by: Paul Gallagher Corporate Secretary Res.No.2000-105 EXHIBIT C 'CMA RETIREMENT CORPORAT' N Res. No.2000-105 401 PLAN LOAN GUIDELINES NAME OF PLAN: QAJ of lc— e6ed C�Poa2 , 1 � cis I. PURPOSE The purpose of these guidelines is to establish the terms and conditions under which the Employer will grant loans to participants. This is the only official Loan Program Document of the above named Plan. 11. ELIGIBILITY Loans are available to all active employees. Loans will not be granted to participants who have an existing loan in default. Loans are available from the following sources: [select one or both] ❑ Employer Contribution Account (vested balances only) M Participant Contribution Accounts (pre- and post-tax, if applicable, including Employee Mandatory, Employee Voluntary, Employer Rollover, and Portable Benefits Accounts, but excluding the Deduct- ible Employee Contribution/Qualified Voluntary Employee Contribution Account) Loans will be pro-rated among all the funds in which the participant is invested at the time the loan is made. Loans are available for the following purposes: [select one] L� All purposes ❑ Loans shall only be granted in the event of a participant's hardship or for the purpose of enabling a participant to meet certain specified financial situations. The Employer shall determine, based on all relevant facts and circumstances, that the amount of the loan is not in excess of the amount required to relieve the financial need. For this purpose, financial need shall include, but shall not be limited to: unreimbursed medical expenses of the participant or the participant's immediate family, establishing or substantially rehabilitating the principal residence of the participant, or paying for a college education (including graduate studies) for the participant or his/her dependents. III. FREQUENCY OF LOANS [select one] ❑ Participants may receive one loan per calendar year. Moreover, participants may have only one outstanding loan at a time. ®, Participants may receive one loan per calendar year. Moreover, no participant may have more than five (5) loans outstanding at one time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . two 401 Loan Guidelines Res.No.2000-105 IV. LOAN AMOUNT The minimum loan amount is 51,000. The maximum amount of all loans to the participant from the Plan and all other plans sponsored by the Employer that are qualified employer plans under Section 72(p) (4) of the Code is the lesser of: (1) $50,000, reduced by the excess (if any) of: a. The highest outstanding balance of loans during the one-year period ending on the day before the date a loan is to be made, over b. The outstanding balance of loans on the date the loan is to be made; or (2) 1/2 of the participant's vested account balance. If a participant has any loans outstanding at the time a new loan is requested, the new loan will be limited to the maximum amount calculated above reduced by the total of the outstanding loans. A loan cannot be issued for more than the above amount. The participant's requested loan amount is subject to downward adjustment without notice due to changes in account balance between the time of application and the time the loan is made. V. LENGTH OF LOAN A loan must be repaid in substantially equal installments of principal and interest, at least monthly, over a period that does not exceed five (5) years. Loans for a principal residence must be repaid in substantially equal installments of principal and interest, at least monthly, over no more than 3fl [state number of years] years (maximum 30 years). VI. LOAN REPAYMENT PROCESS Loans for active employees must be repaid through payroll deduction. Repayment will begin as soon as practicable on a date determined by the Employer's payroll cycle. Loans outstanding for former employees who are allowed under Section X to maintain their loans or loans out- standing for employees on a leave of absence must be repaid on the same schedule as if payroll deductions were still being made unless they reamortize their loans and establish a new repayment schedule which provides that substan- tially equal payments are made at least monthly over the remaining period of the loan. All repayments must be made through the Employer. Loan payments, including loan payments from former employees, are allocated to the same investment options designated on the 401 Enrollment Form or according to the most current 401 change form which specifies contribution allocations. The participant may pay off all or a portion of the principal interest early without penalty or additional fee. Extra payments are applied forward to both principal and interest as specified in the original repayment schedule, unless the additional payment is for the balance due. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . three ICMA RETIREMENT CORPORA NN Res. No.2000-105 VI1. LOAN INTEREST RATE The rate of interest for loans of five (5) years or less will be based on prime plus 0.5%. The rate of interest for loans for a principal residence will be based on the FHA rate. Interest rates are determined on the last business day of the month preceding the month the loan is disbursed. The interest rate is locked in at the time a loan is approved and remains constant throughout the life of the loan. The prime interest rate is determined on the last business day of each month using The Wall Street Journal as the source. The FHA interest rate is also determined on the last business day of each month using a national rateline service as the source. Loan interest rates for new loans may fluctuate upward or downward monthly, depending on the movement of the prime and FHA interest rates. The Employer may modify the manner in which loan interest rates will be determined, but only with respect to future loans. VIII. LOAN APPLICATION PROCEDURE All loans must be requested in writing on an application approved by the Plan Administrator. The application must be signed by the participant. The Employer must review and approve the application. If the participant is marred at the time of application, and spousal consent is required by the Plan for the loan, the participant's spouse must consent, in writing, to the loan and the consent must be witnessed by a plan representa- tive or notary public. Such consent must be given within the ninety (90) day period before the time the loan is made. Spousal consent, if required, must accompany the application in order for the application to be considered complete. The participant will be required to sign a promissory note evidencing the loan and a disclosure statement which includes an amortization schedule prior to receiving a loan check. Loan checks will generally be issued two busi- ness days following the receipt of a complete loan application received through 12 noon Eastern Time. The loan check, promissory note, disclosure statement and truth-in-lending recision notice will be sent to the Employer, who will obtain the necessary signatures and deliver the check to the participant. All executed documents must be returned to the Plan Administrator within 10 calendar days from the date the check is issued. IX. SECURITY/COLLATERAL That portion of a participant's vested account balance that is equal to the amount of the loan is used as collateral for the loan. The collateral amount may not exceed 50 percent of the participant's vested account balance at the time the loan is taken. Only that portion of the vested account balance that corresponds to the amount of the outstand- ing loan balance is used as collateral. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . four 401 Loan Guidelines Res. No.2000-106 X. ACCELERATION [select one] ® All loans are due and payable in full upon separation from service. ❑ All loans are due and payable when a participant receives a distribution of all of his/her account balance after separation from service. The amount of the outstanding loan balance will be reported as a distribution in addition to the amount of cash distributed from the plan. ❑ All loans are due and payable when a participant receives a distribution of part of his/her account balance after separation from service. The amount of the outstanding loan balance will reported as a distribution in addition to the amount of cash distributed from the plan. XI. REAMORTIZATION Any outstanding loan may be reamortized. Reamortization means changing the terms of a loan, such as length of repayment period, interest rate, and frequency of repayments. A loan may not be reamortized to extend the length of the loan repayment period to more than five (5) years from the date the loan was originally made, or in the case of a loan to secure a principal residence, beyond the number of years specified by the Employer in Section V above. A participant must request the reamortization of a loan in writing on a reamortization application acceptable to the Plan Administrator. Spousal consent must accompany the request for reamortization when such consent is re- quired by the Plan. Upon processing the request, a new disclosure statement will be sent to the Employer for endorsement by the participant and approval by the Employer. The executed disclosure statement must be re- turned to the Plan Administrator within 10 calendar days from the date it is signed. The new disclosure statement is considered an amendment to the original promissory note, therefore a new promissory note will not be re- quired. A reamortization will not be considered a new loan for purposes of calculating the number of loans outstanding or the one loan per calendar limit. XIi. REFINANCING EXISTING LOANS If a participant has one outstanding loan, that loan may be refinanced. If a participant has more than one outstand- ing loan, no loans may be refinanced. Refinancing means concurrently repaying an existing loan and borrowing an additional amount through a new loan. In order to refinance an existing loan, a participant must request a new loan in writing on an application approved by the Plan Administrator. Spousal consent must accompany the application when such consent is required by the Plan. Such request must be made at a time when the participant is eligible to obtain a loan as defined by the Employer in Section III above. The amount of a new loan requested for the purpose of refinancing is subject to the loan limits specified in Section IV above. Because refinancing is considered a new loan, only active employees may refinance an outstanding loan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . five CMA RETIREMENT CORPORATT _ T Res.No.2000-105 X111. REDUCTION OF LOAN If a participant dies and leaves an outstanding loan, the unpaid loan balance(s) will be repaid from the account balance before any distributions are made to a beneficiary(ies). The unpaid loan amount is a taxable distribution and may be subject to early withdrawal penalties. The participant's estate is responsible for taxes or penalties on the unpaid loan amount, if any. The beneficiary is responsible for taxes due on the amount he/she receives. A Form 1099-R will be issued to both the beneficiary and the estate for these purposes. XIV. LOAN DEFAULT If a required payment of principal and interest is not made within 90 days of the date such payment is due, the loan is considered in default. If a loan is in default, the loan will be foreclosed during the calendar year in which the participant separates from service. However, the IRS "deems" a default to be a distribution in the year the default occurs. Therefore, the amount of the outstanding loan at the time of the default, including accrued interest, will be reported to the IRS as a distribution in the year the default occurs even though the loan may not be foreclosed at that time. The distribution may be subject to taxes and possibly a penalty for early withdrawal. If a participant has separated from service and defaults on a loan, then the loan will be foreclosed during the calendar year in which the default occurs. The amount of the outstanding loan, including accrued interest, will be reported to the IRS as a distribution which may be subject to taxes and possibly a penalty for early withdrawal. If the Employer has elected in Section X and the promissory note so provides, a loan becomes due and payable when the participant separates from service. If the terms of the loan contain this provision, the outstanding loan amount is "deemed" in default as of the date of separation from service. The amount of the outstanding loan, including accrued interest, will be reported to the IRS as a distribution which may be subject to taxes and possibly a penalty for early withdrawal. If the Employer has so elected in Section X and the promissory note so provides, a loan becomes due and payable when the participant takes a distribution of some or all of the balance in his/her account after separation from service. If the terms of the loans contain such a provision and the outstanding loan balance is not paid prior to the distribution from the account, the outstanding loan amount will be considered in default upon issuance of the distribution check. The amount of the outstanding loan, including accrued interest, will be reported to the IRS as a distribution which may be subject to taxes and possibly a penalty for early withdrawal. Participants who have an existing loan in default will not be eligible for additional loans. XV. DE MINIMIS ACCOUNTS AND OUTSTANDING LOAN BALANCE If a participant separates from service and the participant's total vested account balance, including the outstanding loan balance, is$5,000 or less, the Plan will automatically foreclose the loan. The account balance remaining after the loan has been satisfied will be disbursed in accordance with De Minimis provisions of Section 10.04 of the Plan. If this occurs, the amount of the loan, including accrued interest, will be reported to the IRS as part of the distribution, which may be subject to taxes and possibly a penalty for early withdrawal. Participants who have an existing loan in default will not be eligible for additional loans. XVI. FEES Fees may be charged for various services associated with the application for and issuance of loans. All applicable fees will be debited from the participant's account balance and/or from the participant's loan repayments prior to crediting the repayment of principal and interest to the participant's account. A schedule of fees applicable to this Plan is available from the Plan Administrator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . six 401 Loan Guidelines Res.No.2000-106 XVII. OTHER The Employer has the right to set other terms and conditions as it deems necessary for loans from the Plan in order to comply with any legal requirements. All terms and conditions will be administered in a uniform and non- discriminatory manner. In Witness Whereof, the Employer hereby caused these Guidelines to be executed this day of 19_ . EMPLOYER ACCEPTED: ICMA RETIREMENT CORPORATION BY: BY: TITLE: Ci,Lc/ reasurPAll TITLE: ATTEST: ATTEST: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . seven Res. No.2000-105 EXHIBIT D Res.No.2000.105 EXHIBIT "W DEPARTMENT HEAD PARTICIPATION AUTHORIZATION LISTING Participate Department Head Yes No Brockway, Connie x Freidenrich, Shari X Hutton, Gail X Each of the above has a signed"Participation Declaration" on file in Personnel. Res. No. 2000-105 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on the 6th day of November, 2000 by the following vote: AYES: Julien, Sullivan, Garofalo, Green, Dettloff, Bauer NOES: None ABSENT: Harman ABSTAIN: None City Clerk and ex-officio derk of the City Council of the City of Huntington Beach, California RCA ROUTING SHEET INITIATING DEPARTMENT: Administrative Services SUBJECT: 401A Plan for Department Heads COUNCIL MEETING DATE: November 6, 2000 xx y RCA ATTACHMENTS n STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Attached Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorne Not Applicable Subleases, Third Party Agreements, etc. Approved as to form by City Attorne ) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable <„ 'EXPLANATION FWMISSING ATTACHMENTS. RETURNED. ;F_ ORWARDED Administrative Staff q Z�,' L Assistant City Administrator Initial City Administrator (Initial) City Clerk EXPLANATION FOR. RETURNOF ITEM (Below Only) RCA Author: Beverly Braden