HomeMy WebLinkAboutAgreement A-22-131.pdf ii
DocuSign Envelope ID:4BD24665-28E8-435E-977A-194B4724A005 Agreement No. 22-131
1 FIRST AMENDMENT TO AGREEMENT NO. 20-033
2 THIS FIRST AMENDMENT TO AGREEMENT(hereinafter"Amendment") is made and entered
3 into this 5th day of April , 2022, by and between COUNTY OF FRESNO, a Political
4 Subdivision of the State of California, Fresno, California (hereinafter"COUNTY"), and Nationwide
5 Retirement Solutions, Inc., a Delaware corporation, whose address is 10 W. Nationwide Blvd.,
6 Columbus, OH 43015, (hereinafter"CONTRACTOR").
7 WITNESSETH:
8 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 20-033, dated
9 January 215t, 2020 (hereinafter"Agreement'), pursuant to which CONTRACTOR agreed to perform the
10 non-discretionary record-keeping and administrative services described in the Agreement(hereinafter
11 referred to as "Administrative Services")for the County of Fresno 457(b) Deferred Compensation Plan
12 (hereinafter, the "457(b) Plan"); and
13 WHEREAS, COUNTY, pursuant to and in compliance with the Internal Revenue Code of 1986,
14 as amended, has established and sponsors the County of Fresno 401(a) Defined Contribution Plan
15 (hereinafter, the"401(a) Plan"); and
16 WHEREAS, COUNTY desires CONTRACTOR to provide Administrative Services for the
17 401(a) Plan as well as to continue to provide such Administrative Services to the 457(b) Plan
18 (hereinafter referred to as 'Plans") subject to the terms and conditions set forth in the Agreement; and
19 WHEREAS, COUNTY desires to continue to contract with CONTRACTOR in connection with
20 the Administrative Services of the Plans.
21 NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which
22 is hereby acknowledged, COUNTY and CONTRACTOR agree amend the Agreement to include the
23 401(a) Plan under the terms and conditions set forth in the Agreement by adding EXHIBIT B to the
24 Agreement.
25 COUNTY and CONTRACTOR agree that this Amendment is sufficient to amend the
26 Agreement and, that upon execution of this Amendment, the Agreement and this Amendment together
27 shall be considered the Agreement.
28 The parties agree that this Amendment may be executed by electronic signature as provided in
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DocuSign Envelope ID:4BD24665-28E8-435E-977A-194B4724A005
1 this section. An "electronic signature" means any symbol or process intended by an individual signing
2 this Amendment to represent their signature, including but not limited to (1) a digital signature; (2) a
3 faxed version of an original handwritten signature; or(3) an electronically scanned and transmitted (for
4 example by PDF document) of a handwritten signature. Each electronic signature affixed or attached
5 to this Amendment (1) is deemed equivalent to a valid original handwritten signature of the person
6 signing this Amendment for all purposes, including but not limited to evidentiary proof in any
7 administrative or judicial proceeding, and (2) has the same force and effect as the valid original
8 handwritten signature of that person. The provisions of this section satisfy the requirements of Civil
9 Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3,
10 Part 2, Title 2.5, beginning with section 1633.1). Each party using a digital signature represents that it
11 has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a),
12 paragraphs (1)through (5), and agrees that each other party may rely upon that representation. This
13 Amendment is not conditioned upon the parties conducting the transactions under it by electronic
14 means and either party may sign this Amendment with an original handwritten signature.
15 The Agreement, as hereby amended, is ratified and continued. All provisions, terms,
16 covenants, conditions and promises contained in the Agreement and not amended herein shall remain
17 in full force and effect.
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DocuSign Envelope ID:4BD24665-28E8-435E-977A-194134724A005
1 EXECUTED AND EFFECTIVE as of the date first above set forth.
2
3 QhLTRAPTOR COUf�TYPF FRESNO
4 f dlt-u.t hbt,t, At640 Awyt,, 'JIL ,ter
5 u orize Signature) Brian Pacheco, Chairman of the Board of
Supervisors of the County of Fresno
6 Catherine Moore AVP operations
Print Name& Title
7
10 West Nationwide Blvd
8
Columbus, OH 43215
9 Mailing Address ATTEST:
10 Bernice E. Seidel
Clerk of the Board of Supervisors
11 County of Fresno, State of California
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15 By:
Itl4t#1A dft-,f 2:�-
16 De uty
FOR ACCOUNTING USE ONLY:
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18 Fund:
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20 ORG:
21 Account:
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DocuSign Envelope ID:4BD24665-28E8-435E-977A-194B4724A005
1 EXHIBIT B
2
3 ELIGIBLE EMPLOYER
4 Plan Sponsor has determined that it is an "eligible employer" and meets the requirements of
5 Code 414(d).
6
7 ADDITIONAL SERVICES FOR GOVERNMENTAL 401(a) PLAN
8 Nationwide may provide the following services to the Plan Sponsor for the Plan as mutually
9 agreed upon in writing by the Plan Sponsor and Nationwide:
10 Eligible Employee Verification
11 Year End Valuation
• Contribution and Forfeiture Allocation
12 Contribution Verification
Vesting Calculation and Maintenance
13
Contribution Limit Testing (This will be done on an individual plan basis. Nationwide will not be
14 responsible for monitoring aggregate contribution limits to multiple plans or for reviewing or taking
15 into account contributions to any other plan sponsored by the Plan Sponsor or contributions
record kept by another vendor.)
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