Amendment to Agreement with Empower Retirement, LLC

City of Glendale — Regular Meeting (2025-02-25)

View PDF Item 23 Meeting page

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Important Note: Service Agreement Amendments, Pricing Change Agreements, and other contractual 
documents must be duly executed by both parties prior to the effective date of the changes.  Backdating 
contracts or funding agreements is in violation of our corporate governance and regulatory requirements.  
Changes cannot be implemented prior to the date all documents are fully executed, even if that requires 
the effective date to be postponed.  There are no exceptions to the rule that the effective date must follow 
the date all documents are executed.

City of Glendale, AZ_401(a)/457(b)_SA Amendment_98742-01, -02_01.15.2025 
Page 1 
AMENDMENT 
to the 
ADMINISTRATIVE SERVICES AGREEMENT 
for 
City of Glendale, AZ 
Group No. 98742 
Effective Date April 1, 2025 
THIS AMENDMENT is entered into by and between City of Glendale, AZ (“Plan Sponsor”) and the 
affiliate that provides recordkeeping services to Plan Sponsor (which is one of Empower Retirement, 
LLC, Empower Annuity Insurance Company of America, or Empower Plan Services, Empower 
Annuity Insurance Company LLC) (“Empower”) and;  
WHEREAS, Empower and Plan Sponsor have entered into an agreement for recordkeeping and 
communication services ("Agreement") under which Empower provides certain recordkeeping and 
communication services for the Plan Sponsor with respect to the City of Glendale Section 457 
Deferred Compensation Plan and the City of Glendale 401(a) Money Purchase Plan (hereinafter 
referred to as the “Plan” or “Plans”);  
WHEREAS, Empower and Plan Sponsor agree to amend the Agreement as set forth herein; 
NOW, THEREFORE, in consideration of the covenants and conditions herein contained, and for 
other good and valuable consideration as herein provided, the parties amend the Agreement as 
follows: 
1.
The Agreement is hereby renewed, and its term is extended from April 1, 2025, through March
31, 2030 with automatic renewal for two successive one year periods unless otherwise
terminated as stated in the Agreement.
2.
Section VI.D: Plan Document Services of Schedule B-1 of the Agreement is hereby deleted in
its entirety and replaced with the below:
D. Plan Document Services. Plan Sponsor shall ensure that the Plan documents are accurate
and complete, interpret Plan terms and review the Plan document services provided by
Empower. Plan Sponsor shall ensure that the Plan operates under its terms. Plan Sponsor
shall provide Empower with a signed copy of the Plan document and all amendments to the
Plan document within thirty days after such document or amendment, or both, is adopted.
3.
The Basic Plan Administration Fee in Section I.A of Schedule C-1 of the Agreement is updated
to .025% (2.5 basis points) per year.

City of Glendale, AZ_401(a)/457(b)_SA Amendment_98742-01, -02_01.15.2025 
Page 2 
4.
The second paragraph of Section D, Participant Education in Schedule C-1: Fees and
Compensation is hereby deleted in its entirety and replaced with the below:
“Empower will provide fifteen (15) education days to be used across all Plans as directed by
the Plan Sponsor, during the renewal transition period in year one, to promote and to market
Plan service enhancements to Plan Participants.”
5.
In all other respects, the Agreement shall remain in full force and effect.
6.
This Amendment shall take effect on the Effective Date written above.
By signing this Amendment, the parties certify that they have read and understood it, that they 
agree to be bound by its terms and that they have the authority to sign it. 
Date 
For: City of Glendale, AZ 
Signature: _______________________________
Name: Kevin R. Phelps
Title:  Glendale City Manager 
For: Empower 
Signature: _________________________________ 
Date 
Name:  
Title:  
Rob Dwyer
Vice President, Government Markets
2/14/2024

Empower Retirement, LLC 
  
 
CITY OF GLENDALE SIGNATURE PAGE 
 
 
 
 
ATTEST: 
 
 
 
Julie K. Bower,  
 
 
(SEAL) 
City Clerk 
 
 
 
 
APPROVED AS TO FORM: 
 
 
____________________________________ 
Michael D. Bailey, 
City Attorney