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Resolution 2019-77RESOLUTION NO.2019-77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE ADOPTION OF THE PUBLIC AGENCIES POST -EMPLOYMENT BENEFITS TRUST ADMINISTERED BY PUBLIC AGENCY RETIREMENT SERVICES (PARS) WHEREAS, PARS has made available the PARS Public Agencies Post -Employment Benefits Trust (the "Program") for the purpose of pre -funding pension obligations and/or OPEB obligations; and WHEREAS, the City of Gilroy ("City") is eligible to participate in the Program, a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code, as amended, and the Regulations issued there under, and is a tax-exempt trust under the relevant statutory provisions of the State of California; and WHEREAS, the City's adoption and operation of the Program has no effect on any current or former employee's entitlement to post -employment benefits; and WHEREAS, the terms and conditions of post -employment benefit entitlement, if any, are governed by contracts separate from and independent of the Program; and WHEREAS, the City's funding of the Program does not, and is not intended to, create any new vested right to any benefit nor strengthen any existing vested right; and WHEREAS, the City reserves the right to make contributions, if any, to the Program. NOW THEREFORE, BE IT RESOLVED THAT: 1. The City Council hereby adopts the PARS Public Agencies Post -Employment Benefits Trust, effective November 18, 2019, ; and 2. The City Council hereby appoints the City Administrator, or his/her successor or his/her designee as the City's Plan Administrator for the Program; and 3. The City's Plan Administrator or their designee is hereby authorized to execute the PARS legal and administrative documents on behalf of the City and to take whatever additional actions are necessary to maintain the City's participation in the Program and to maintain compliance of any relevant regulation issued or as may be issued; therefore, authorizing him/her to take whatever additional actions are required to administer the City's Program. PASSED AND ADOPTED this 18'' day of November, 2019, by the following roll call vote: AYES: COUNCILMEMBERS: BLANKLEY, BRACCO, LEROE-MUNOZ, MARQUES, TUCKER and VELASCO NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: TOVAR RESOLUTION NO. 2019-77 RESOLUTION NO. 2019-77 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 2019-77 is an original resolution, or true and correct copy of a city Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said held on Council held on the 18'' day of November, 2019, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of/oilroy this 20`� y of November, 2019. Shawna Freels, MMIV City Clerk of the City of Gilroy (Seal)