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INSURANCE ON FEE <br />WORK MAY PROCEED A-2020-119 <br />UNTIL INSURANCE EXPIRES <br />JUN19 OS-v�/ <br />CLERKKOF COUNCIL <br />AMEWPI) AND RESTATED AGREEMENT FOR ADMINISTRATIVE SERVICES <br />lTA9�r� This Amended and Restated Agreement for Administrative Services ("Agreement") is made <br />this 2 day of June , 2020 between Phase 11 Systems, a corporation organized and existing <br />011 yip t� under the laws of the State of California, doing business as Public :Agency Retirement <br />"Services and PARS (hereinafter "PARS") and the City of Santa Ana ("Agency"). <br />WHEREAS, Agency adopted the City of Santa Ana 3121 Part -Time Social Security <br />Alternative Retirement Plan (the "Plan") effective December 19, 2011, in conjunction with <br />the PARS Trust Document ("PARS Trust"), with PARS as Trust Administrator to the PARS <br />Trust, to provide administrative services; <br />WHEREAS, Agency and PARS desire to amend and restate the original agreement, entered <br />into on December 19, 2011, to provide administrative services and to modify certain terms <br />and conditions thereof, including but not limited to Force Majeure, Exhibit 113, Fees for <br />Services and Exhibit 1D, Portal; <br />WHEREAS, by written resolution and pursuant to Sections 1.1 and 2.1 of the PARS Trust, <br />the Agency's governing body appointed by position or title a Plan Administrator to act on its <br />behalf in all matters relating to the Plan and PARS Trust ("Plan Administrator"); <br />WHEREAS, pursuant to Section 3.3 of the PARS Trust, the Agency has the power to <br />delegate certain duties related to the Plan, and PARS accepts those duties pursuant to the <br />terms contained in the Agreement, and that this Agreement represents the entire delegation of <br />duties to PARS from the Agency with regards to the Plan; <br />WHEREAS, PARS accepts the terms of this Agreement with the understanding by the <br />Agency and Plan Administrator that PARS does not hold custody of any assets of the Plan, <br />and does not have any independent authority or discretion for the investment, distribution or <br />escheatment of Plan assets without the express consent of, and direction from the Plan <br />Administrator. <br />NOW THEREFORE, THE PARTIES AGREE: <br />1. Services. PARS will provide the services pertaining to the Plan as described in the <br />exhibits attached hereto as "Exhibit IA" ("Services") and Exhibit 1D ("Portal") in a <br />timely manner, subject to the further provisions of this Agreement. <br />2. Fees for Services. PARS will be compensated for performance of the Services as <br />described in the exhibit attached hereto as "Exhibit 113". <br />3. Payment Terms. Payment for the Services will be remitted directly from Plan assets <br />unless the Agency chooses to make payment directly to PARS. In the event that the <br />Agency chooses to make payment directly to PARS, it shall be the responsibility of <br />the Agency to remit payment directly to PARS based upon an invoice prepared by <br />PARS and delivered to the Agency. If payment is not received by PARS within thirty <br />(30) days of the invoice delivery date, the balance due shall bear interest at the rate of <br />1.5% per month. If payment is not received from the Agency within sixty (60) days <br />of the invoice delivery date, payment plus accrued interest will be remitted directly <br />from Plan assets, unless PARS has previously received written communication <br />#39554v2 <br />55A-6 <br />