AMENDMENT NO. 2
TO AGREEMENT FOR SERVICES
THIS AMENDMENT TO THE AGREEMENT FOR SERVICES (“Amendment”) by and between the CITY OF CHINO, a California municipal corporation (“City”) and The Lincoln National Life Insurance Company (together with its affiliates and subsidiaries), a Third-party Administrative Service for leave Administration, Short- & long-term Disability (“Consultant”) is effective as of the 1st day of December 2025.
RECITALS
A. City and Consultant entered into that certain Agreement for Contractual Services dated July 1, 2024 (“Agreement”) whereby Consultant agreed to administer leave and Short-Term Disability administrative services & insurance carrier for Long-term Disability insurance coverage services.
B. City and Consultant now desire to amend the Agreement to increase compensation. This would ensure that compensation aligns with monthly premium changes based on employee count, volume changes and claim amounts. To prevent any delays in premium payments, an increase in the Agreement compensation by $70,000.00 is required.
TERMS
Contract Changes. The Agreement is amended as provided herein.
2.1 Contract Sum. The Contract Sum is revised to read in its entirety as follows:
Subject to any limitations outlined in this Agreement, City agrees to pay the total compensation, including reimbursement for actual expenses, of two hundred and twenty thousand Dollars ($220,000) (the “Contract Sum”). The Contract Sum shall not exceed two hundred and twenty thousand Dollars ($220,000) unless additional compensation is approved pursuant to Section 1.10.
Continuing Effect of Agreement. Except as amended by this Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement.
Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
City represents and warrants to Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.
Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first-above written.
CITY:
CITY OF CHINO, a municipal corporation
Linda Reich, City Manager
ATTEST:
Natalie Gonzaga, City Clerk
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
ALESHIRE & WYNDER, LLP
_____________________________ _____________________________ Fred Galante, City Attorney Terry Doyle, Department Director LINCOLN:
The Lincoln National Life Insurance Company
By:
Name: Mark Higgins
Title: VP, Group Underwriting
Address: 8801 Indian Hill Dive
Omaha, NE 68114-4066
01225.0001/863605.1