HomeMy WebLinkAboutAgreement A-22-132.pdf Agreement No. 22-132
1 FIRST AMENDMENT TO AGREEMENT NO. 20-462
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 Northwest
5 Capital Management, Inc., an Oregon corporation (hereinafter"CONTRACTOR").
6 WITNESSETH:
7 WHEREAS, COUNTY and CONTRACTOR entered into Agreement number 20-462, dated
8 November 24th, 2020 (hereinafter "Agreement"), pursuant to which CONTRACTOR agreed to perform
9 consultation services for the County of Fresno 457(b) Deferred Compensation Plan (hereinafter, the
10 "457(b) Plan"); and
11 WHEREAS, COUNTY, pursuant to and in compliance with the Internal Revenue Code of 1986,
12 as amended, has established and sponsors the County of Fresno 401(a) Defined Contribution Plan
13 (hereinafter, the "401(a) Plan"); and
14 WHEREAS, COUNTY desires CONTRACTOR to provide consultation services for the 401(a)
15 Plan as well as to continue to provide such consultation services to the 457(b) Plan (hereinafter
16 referred to as "Plans") subject to the terms and conditions set forth in the Agreement; and
17 WHEREAS, COUNTY desires to continue to contract with CONTRACTOR in connection with
18 the consultation services of the Plans; and
19 WHEREAS, COUNTY and CONTRACTOR agree that there are no additional costs associated
20 with providing consultation services to both Plans; and
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 C 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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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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1 EXECUTED AND EFFECTIVE as of the date first above set forth.
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3 CONTRACTOR COUNTY OF FRESNO
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5 (Authorized Signature) Brian Pacheco, Chairman of the Board of
6 Supervisors of the County of Fresno
Brent Petty, President
7 Print Name &Title
8 1 Center ointe Dr., Suite 115
9 Lake Oswego, OR 97035
10 Mailing Address ATTEST:
Bernice E. Seidel
11 Clerk of the Board of Supervisors
County of Fresno, State of California
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16 By: n
De ty
17 FOR ACCOUNTING USE ONLY:
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21 ORG:
22 Account:
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EXHIBIT C
ELIGIBLE EMPLOYER
Plan Sponsor has determined that it is an "eligible employer" and meets the requirements of Code
414(d).
ADDITIONAL SERVICES FOR GOVERNMENTAL 401(a) PLAN
Effective as of the first date approved above, the provisions of this Agreement apply to the County
of Fresno 401(a) Defined Contribution Plan.
Northwest Capital Management, Inc. may provide the same services plan consulting as listed in
Addendum Number: One (1) of Agreement No. 20-462 to the Plan Sponsor for the Plan as mutually
agreedupon in writing by the Plan Sponsor and Northwest Capital Management conditioned upon
the investment line-ups remaining the same in both the 457 and 401(a) plans.
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