THIRD AMENDMENT TO
PROFESSIONAL CONSULTANT SERVICES AGREEMENT FOR
DEFINED BENEFIT SERVICES
This Third Amendment to Professional Consultant Services Agreement for Defined Benefit Administration (this “Third Amendment”) is made and entered into on this ____ day of ________, 2024, by and between the CITY OF SAN CLEMENTE, a California municipal corporation (“City”), and Milliman Inc., a Washington corporation (“Consultant”).
R E C I T A L S:
A. City and Consultant entered into that certain Professional Consultant Services Agreement for Defined Benefit Administration for the City of San Clemente Restated Employees Retirement Plan (the “Original Agreement”) on October 1, 2017, which had an original five (5) year term through September 30, 2022 and had two (2) optional one (1) year extensions .
B. City and Consultant entered into that certain First Amendment to the Professional Consultant Services Agreement for Defined Benefit Administration for the City of San Clemente Restated Employees Retirement Plan (“First Amendment”) on August 10, 2022, which exercised the first extension option.
C. City and Consultant entered into that certain Second Amendment to Professional Consultant Services Agreement for Defined Benefit Administration for the City of San Clemente Restated Employees Retirement Plan (“Second Amendment”) on August 31, 2023, which exercised the second extension option. The Original Agreement, as modified by the First Amendment and the Second Amendment, is hereinafter referred to as the “Agreement”.
D. City and Consultant desire to amend the Agreement in the manner provided herein.
C O V E N A N T S:
Section 1.1 of the Agreement is hereby amended to allow one (1) additional one (1) year extension option through September 30, 2025, which extension option the City hereby exercises. The Agreement shall expire on September 30, 2025, unless earlier terminated pursuant to its terms.
Section 3.1 of the Agreement is hereby amended to allow total compensation for the extended term of the agreement through September 30, 2025 to not exceed $35,200.
Except as expressly amended by this Third Amendment, the remaining portions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Third Amendment to be duly executed on the respective dates set forth opposite of their signatures.
CITY OF SAN CLEMENTE
By:________________________________
Andy Hall, City Manager
ATTEST: Dated: __________________, 20____
____________________________
CITY CLERK of the City of
San Clemente, California
APPROVED AS TO FORM:
____________________________
Elizabeth A. Mitchell, City Attorney
APPROVED AS TO AVAILABILITY
OF FUNDING:
________________________________
Finance Authorization
Milliman, Inc.
(“CONTRACTOR”)
By:_____________________________
Jean Smith, Principal
Dated: __________________, 2024