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HRA RES 2006-04 - 00014171RESOLUTION NO. 2006 - 04 RESOLUTION OF THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY TERMINATING ICMA AS THE ADMINISTRATOR AND TRUSTEE OF THE DEFERRED COMPENSATION PLAN AND AUTHORIZING THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY, THROUGH ITS EXECUTIVE DIRECTOR, TO ENTER INTO NECESSARY AGREEMENTS TO HIRE WELLS FARGO, N.A. TO ADMINISTER THE PLAN WHEREAS, the Housing and Redevelopment Authority (the "HRA") has, for over six years, sponsored and maintained a deferred compensation plan (the "Plan") for the benefit of certain employees of the HRA; and WHEREAS, the Plan has been administered by International City Management Association (ICMA) and ICMA has served as the trustee with respect to the Plan; and WHEREAS, the HRA has determined that the Plan has not performed at a level adequate and appropriate for the benefit of all of its affected employees; and WHEREAS, the HRA has undertaken an active examination of alternative service providers for the purpose of continuing its practice of providing a deferred compensation plan for the benefit of certain employees of the HRA; and WHEREAS, the HRA has determined that it is in its best interest, and in the interest of at least a majority of the aforesaid affected employees, to terminate ICMA's services and to replace ICMA with Wells Fargo, N.A.; and WHEREAS, the replacement of ICMA with Wells Fargo, N.A. will require amendment and restatement of the Plan document and trust agreement; and WHEREAS, Wells Fargo N.A. has submitted to the City of Fridley a trust agreement for the purpose of administering the Plan for the City of Fridley and the HRA; and WHEREAS, Wells Fargo N.A. has prepared a restated and amended Plan document; and WHEREAS, the City and the HRA wishes to encourage a more active supervision of the Plan by the creation of an "Internal Investment Committee" that will include representation from the management and affected employees of the City and the HRA; and WHEREAS, the City wishes to engage the services of Financial Concepts, Inc., as the Registered Investment Advisor and education consultant for the Plan. NOW BE IT, THEREFORE, RESOLVED that the Housing Redevelopment Authority shall remove ICMA as a trustee with respect to the Plan and will cease to use ICMA services with respect to the Plan; and HRA Resolution No. 2006-04 Page 2 BE IT FURTHER RESOLVED that the Executive Director be directed to take any and all steps necessary to effect the termination of ICMA's services on behalf of the HRA; and BE IT FURTHER RESOLVED, that the HRA approves appointing Wells Fargo, N.A. as a trustee with respect to the Plan; and BE IT FURTHER RESOLVED, that the Executive Director is authorized, on behalf of the HRA, to execute any and all necessary documents including the Participation Agreement , referenced as Exhibit A, to implement an amended and restated Plan, including, but not limited to, the amended and restated Plan document; and BE IT FURTHER RESOLVED, that Financial Concepts, Inc., is hereby approved as the HRA's consultant and financial advisor with respect to the Plan. PASSED AND ADOPTED BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF FRIDLEY THIS 7TH DAY OF SEPTEMBER, 2006. LA Y COMM RS - CHAIRPERSON ATTEST: � " �. WILLIAM W. BURNS, EXECUTIVE DIRECTOR HRA Resolution No. 2006-04 FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY PARTICIPATION AGREEMENT IN THE CITY OF FRIDLEY DEFERRED COMPENSATION PLAN AND TRUST Page 3 EXHIBIT A Effective October 1, 2006, the Fridley Housing and Redevelopment Authority (the "HRA"), by executing this Participation Agreement, elects to become a Participating Employer in the City of Fridley Deferred Compensation Plan. Inasmuch, the HRA agrees to be bound by the terms of this Plan until such time as either the City of Fridley (the"City") or the HRA determines that this Participation Agreement shall cease, or until such time as the Plan shall be terminated by the City. The HRA agrees to be bound by any amendment that shall be made to this plan by the City. For its part, the City agrees to permit the HRA to become a Participating Employer in this Plan. The City furthermore agrees that all participant accounts that were in the HRA's Code Section 457 (b) Plan prior to October 1, 2006, shall be transferred into the Plan and maintained as Participant Accounts for the Employees of the HRA. The undersigned hereby consents to the course of action specified in this Participation Agreement. FOR THE FRIDLEY HOUSING AND FOR THE CITY OF FRIDLEY, MINNESOTA REDEVELOPMENT AUTHORITY X DATE PRINT NAME TITLE X DATE PRINT NAME TITLE