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HomeMy Public PortalAboutAgreement_2024-01-01 to 2024-12-31_Hyas Group_Investment Advisor_ATTACHMENT A FIRST AMENDMENT TO SERVICE AGREEMENT by and between the CITY OF TEMPLE CITY and HYAS GROUP, a separate business unit within Morgan Stanley Institutional Investment Advisors, LLC Dated January 9, 2024 REV #4838-6958-3880 v3 FIRST AMENDMENT TO SERVICE AGREEMENT This First Amendment to the Service Agreement ("First Amendment"), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a California charter city ("City"), and HYAS GROUP, a separate business unit within Morgan Stanley Institutional Investment Advisors, LLC ("Service Provider"), City and Service Provider are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." as follows: RECITALS A. On April 1, 2020, the City Manager entered into a Service Agreement ("Agreement) (Exhibit "A") with the Service Provider for: a. Third -Party Administrative and Recordkeeper RFP; and b. Annual Consulting Services B. The Agreement was through December 31, 2023, with an option to extend the Agreement on an annual basis for an additional two years. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment, which modifies and amends the Agreement as follows: 1. AMENDMENT. The Agreement is hereby modified and amended as follows: SECTION 1. TERMS OF AGREEMENT: The term of the Agreement is extended from January 1, 2024 to December 31, 2024. SECTION 4. COMPENSATION AND METHOD OF PAYMENT: Term Annual Fee Quarterly Payment January 1, 2024 — December 31, 2024 0.25% asset based fee 457(b) Plan: 0.25% asset based fee 401(a) Plan: 0.25% asset based fee 0.0625% asset based fcc 457(b) Plan: 0.0625% asset based fee 401(a) Plan: 0.0625% asset based fee 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. 2.2 Integration. This First Amendment consists of pages 1 to page 6 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous 2 agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. 2.3 Effective Date. This First Amendment is effective from January 1, 2024 through December 31, 2024. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Agreement. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. CITY: CITY OF TEMPLE CITY ATTEST / - ICU Peggy Kuo, City Clerk APPROVED AS TO FO t M Gregory Mu .hy, City Atto By: Bryan Cook, City Manager SERVICE PROVIDER: Hyas Group, a separate business unit within Morgan Stanley Institutional Inves j. t Advisors, L By me: Title: moo: pri tela iv' 3 By: Name: L, p&IX (tell( Title: yu.., v vii `6; irtth ( NOTE: SERVICE PROVIDER'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO SERVICE PROVIDER'S BUSINESS ENTITY. 4 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR OREGON STATE OF OREGON COUNTY OF MULTNOMAH On -3anuc ry Li - Date personally appeared , 20Ui, before me, IJliche11 l\• Moreno , I` -)v" r ryP•16‘it , Name and Title of Officer (e.g "Jane Doe, Notary Public") 7U`j S DGV1 ckSo,n OFFICIAL STAMP °r =1 MICHELLE A MORENO NOIARY PUBLIC -OREGON COMMISSION NO. 1020758 MYCOMMISSION EXPIRES JANUARY 24.2026 Name of igner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Oregon that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL Signature of Notary Public Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Name: ❑ Individual O Corporate Officer O Partner(s) Title(s) ❑ Limited ❑ General ❑ Attorney -In -Fact O Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number Of Pages Date Of "3.-,,v,rnent Signer(s) Other Than Named Above A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR OREGON STATE OF OREGON COUNTY OF MULTNOMAH OnlafUO%ri 22 - Date personally appeared , 201'j before me, NA N1Oreel() &) ir4r1 ?4Ltc Name and Title of Officer (e g "Jane Doe, Notary Public") 1Do ?Ar cer OFFICIAL STAMP �MICHELLE A MORENO NOTARY PUBLIC -OREGON • COMMISSION NO. 1020758 MY COMMISSION EXPIRES JANUARY24, 2026 Name of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Oregon that the foregoing paragraph is true and correct. WITNESS my hand and official seal. OPTIONAL ignature of Notary Public Though this section is optional, completing this information can deter alternation of the document or fraudulent reattachment of this form to an unintended document. CAPACIT(IES) CLAIMED BY SIGNER(S) Signer's Name: ❑ Individual ❑ Corporate Officer ❑ Partner(s) Title(s) ❑ Limited ❑ General ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian/Conservator ❑ Other: Signer is representing: Name Of Person(s) Or Entity(ies) DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Number Of Pages Date Of Document Signer(s) Other Than Named Above 6