HomeMy WebLinkAboutAgreement A-23-185 First Amendment to Agreement with ReliaStar.pdf Agreement No. 23-185
1 AMENDMENT NO. 1 TO SERVICE AGREEMENT
2 This Amendment No. 1 to Service Agreement No. 20-072 ("Amendment No. 1") is dated
3 April 25, 2023 and is between ReliaStar Life Insurance Company, a Minnesota
4 Corporation, whose address is 20 Washington Ave. S., Minneapolis, MN 55401 ("Contractor"),
5 and the County of Fresno, a political subdivision of the State of California ("County").
6 Recitals
7 A. On February 25, 2020, the County and the Contractor entered into County agreement
8 number 20-072 ("Agreement"), to provide optional, voluntary Accident, Critical Illness and
9 Hospital Indemnity Insurance coverage to its employees.
10 B. The original term of the Agreement was three (3) years, and provided for a three-year
11 rate guarantee from the Contractor.
12 C. County wishes to extend the Agreement to continue offering voluntary Accident, Critical
13 Illness and Hospital Indemnity Insurance coverage to its employees provided by Contractor,
14 under the same terms and conditions.
15 D. Contractor has offered to extend the rates in the Agreement through December 31,
16 2024.
17 E. The term of the Agreement, as amended, will not exceed five (5) years.
18 F. The County and the Contractor now desire to amend the Agreement to extend the term
19 of the Agreement.
20 G. Now, therefore, for good and valuable consideration, the receipt and adequacy of which
21 is hereby acknowledged, the County and the Contractor agree as follows:
22 1. Section 3. "TERM" of the Agreement, Page 2, lines 18 through 20, is deleted in its
23 entirety and replaced with the following:
24 "3. TERM
25 The term of this Agreement shall be for a period of four (4) years, commencing
26 on May 1, 2020, through and including April 30, 2024. This Agreement may be
27 extended for one (1) additional consecutive eight (8) month period, through and
28 including December 31, 2024, upon written approval of both parties, no later than
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1 thirty (30) days prior to the first day of the eight (8) month extension period. The
2 Director of Human Resources or his or her designee is authorized to execute
3 such written approval on behalf of COUNTY based on CONTRACTOR'S
4 satisfactory performance."
5 2. Section 16. "ENTIRE AGREEMENT" of the Agreement, Page 10, line 23, through Page
6 11, line 3, is deleted in its entirety and replaced with the following:
7 "16. ENTIRE AGREEMENT: "This Agreement constitutes the entire agreement between
8 the Contractor and County with respect to the subject matter hereof, and supersedes all
9 previous Agreement negotiations, proposals, commitments, writings, advertisements,
10 publications, and understandings of any nature whatsoever unless expressly included in
11 this Agreement. In the event of any inconsistency in interpreting the documents
12 comprising this Agreement, the inconsistency shall be resolved by giving precedence in
13 the following order of priority: (1) the text of this Amendment No. 1, (2) the Agreement
14 excluding Exhibits A, B, and C, and (3) the Exhibits A, B, and C to the Agreement.
15 Notwithstanding the foregoing, the parties understand and acknowledge that any
16 insurance obligations owed to County or its employees participants will be governed
17 solely by the terms of the insurance policies issued by CONTRACTOR under the terms
18 of the Agreement.
19 3. When both parties have signed this Amendment No. 1, the Agreement, and this
20 Amendment No. 1 together constitute the Agreement.
21 4. The Contractor represents and warrants to the County that:
22 a. The Contractor is duly authorized and empowered to sign and perform its obligations
23 under this Amendment No. 1.
24 b. The individual signing this Amendment No. 1 on behalf of the Contractor is duly
25 authorized to do so and his or her signature on this Amendment No. 1 legally binds
26 the Contractor to the terms of this Amendment No. 1.
27 5. The parties agree that this Amendment No. 1 may be executed by electronic signature
28 as provided in this section.
2
1 a. An "electronic signature" means any symbol or process intended by an individual
2 signing this Amendment No. 1 to represent their signature, including but not limited
3 to (1) a digital signature; (2) a faxed version of an original handwritten signature; or
4 (3) an electronically scanned and transmitted (for example by PDF document)
5 version of an original handwritten signature.
6 b. Each electronic signature affixed or attached to this Amendment No. 1 (1) is deemed
7 equivalent to a valid original handwritten signature of the person signing this
8 Amendment No. 1 for all purposes, including but not limited to evidentiary proof in
9 any administrative or judicial proceeding, and (2) has the same force and effect as
10 the valid original handwritten signature of that person.
11 c. The provisions of this section satisfy the requirements of Civil Code section 1633.5,
12 subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part
13 2, Title 2.5, beginning with section 1633.1).
14 d. Each party using a digital signature represents that it has undertaken and satisfied
15 the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)
16 through (5), and agrees that each other party may rely upon that representation.
17 e. This Amendment No. 1 is not conditioned upon the parties conducting the
18 transactions under it by electronic means and either party may sign this Amendment
19 No. 1 with an original handwritten signature.
20 6. This Amendment No. 1 may be signed in counterparts, each of which is an original, and
21 all of which together constitute this Amendment No. 1.
22 7. The Agreement as amended by this Amendment No. 1 is ratified and continued. All
23 provisions of the Agreement and not amended by this Amendment No. 1 remain in full force and
24 effect.
25 [SIGNATURE PAGE FOLLOWS]
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1 The parties are signing this Amendment No. 1 on the date stated in the introductory
2 clause of this Amendment No. 1.
3
RELIASTAR LIFE INSURANCE COMPANY COUNTY OF FRESNO
4
6 Mona ZielkecMce President Sa Q in
e hairman of the Board of
Su isro, the County of Fresno
7 250 Marquette Avenue
Suite 900 Attest:
8 Minneapolis, MN 55401 Bernice E. Seidel
Clerk of the Board of Supervisors
9 County of Fresno, State of California
10 By: ,w z't- I 1 i S1�-
11 Deputy
12 For accounting use only:
13 Org No.: 89250200
Account No.: 7295
14 Fund No.: 1060
Subclass No.: 10000
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