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HomeMy WebLinkAboutContracts & Agreements_181-200525 LOANS TO PARTICIPANTS (Plan Section 7 4) a ❑ Loans are not permitted b NI,1 Loans are permitted IF loans are permitted c El the minimum loan will be $ � GCd (e g , $1000), and d ® a Participant may only have GArE (e g , one) loan outstanding at any time PLEASE CAREFULLY READ This Adoption Agreement may be used only in conjunction with the Nationwide Retirement Solutions Governmental Accumulated Benefit Defined Contribution Plan and Trust Document #01 This Adoption Agreement and the basic PIan document shall together be known as the Nationwide Retirement Solutions Governmental Accumulated Benefit Defined Contribution Plan and Trust #01-01 The adoption of this Plan, the qualification of the Plan and Trust under Code Sections 401(a) and 501(a), respectively, and the related tax consequences are the responsibility of the Employer and its independent tax and legal advisors In order to have rehance m such circumstances or with respect to such qualification requirements, application for a determination letter must be made to the appropriate office of the Internal Revenue Service This Adoption Agreement and the accompanying Plan document may not be used unless an authorized representative of Nationwide Retirement Solutions has acknowledged the use of the Plan Such acknowledgment is for mmistenal purposes only It acknowledges that the Employer is using the Plan but does not represent that this Plan, mcluding the choices selected on the Adoption Agreement, has been reviewed by a representative of Nationwide Retirement Solutions or constitutes a qualified defined contribution plan Nationwide emen(,Soutons, Inc 4,ity With regard to any questions regarding the provisions of this Pian, adoption of the Plan, or the effect of an opinion letter from the IRS, call or write (this information must be completed by the sponsor of this Plan or its designated representative. 11;'t Co Aviv Pea, g 1/91RlA /1:2- e5)t57 2) '39 H -a r'3 Name Address Telephone © 2004 Nationwide Retirement Solutions, Inc. 8 21 CONDITIONS FOR DISTRIBUTIONS UPON TERMINATION Distributions upon termination of employment pursuant to Section 6 3 of the Plan shall not be made unless the following conditions have been satisfied a ® N/A Immediate distributions may be made at Participant's election and as soon as administratively practicable b ❑ The Participant has reached his or her Early or Normal Retirement Age c ❑ Distributions may be made at the Participant's election on or after the Anniversary Date following termination of employment d ❑ Other 22 FORM OF DISTRIBUTIONS (Plan Sections 6 4 and 6 6) Distributions under the Plan may be made (select all that apply) a m systematic withdrawals b ® in lump sums c /:1 in installments AND, regardless of any provisions in the Plan to the contrary, if the Participant's vested interest derived from Employer and Employee contributions is less than $1,000 an immediate distribution shall be made AND, Rollover contributions and eammgs allocable thereto shall be disregarded m determining the Participant's vested balance MISCELLANEOUS 23 TRANSFERS AND ROLLOVERS (Plan Sections 4.6 and 7 9) a NI Yes, transfers from qualified plan (and rollovers) will be allowed b ❑ No, transfers from qualified plans (and rollovers) will not be allowed AND, transfers shall be permitted c ❑ from any Employee, even if not a Participant d from Participants only 24 ROLLOVERS (Plan Sections 4 6 and 7 9) a 1:1 Rollovers will be accepted by the Plan for Participants b n Rollovers will not be accepted by the Plan AND, if a is elected, distributions from a Participant's Rollover Account may be made at any time upon the written request of the Participant 2004 Nationwide Retirement Solutions, Inc 7 CONTRIBUTIONS AND ALLOCATIONS 18 a COMPENSATION (Plan Section 1.7) with respect to any Participant means wages, tips, and other compensation on Form W-2, including compensation which is not currently includible in the Participant' s gross income by reason of the apphcation of Code Sections 125, 132(f)(4), 402(e)(3), 402(h)( I )(B), 403(b), 414(h) or 457(b) No compensation shall be excluded b The Limitation Year for Code Section 415 purposes shall be the same as the determination period for Compensation unless an alternative period is specified (must be a consecutive 12 month period) c FOR PURPOSES OF THIS SECTION, Compensation shall be based on 1 g the Plan Year 2 ❑ the Fiscal Year coinciding with or ending within the Plan Year NOTE. The Limitation Year shall be the same as the year on which Compensation is based d HOWEVER, for an Employee' s first year of Participation, Compensation shall be recognized as of the first day of the Plan Year 19 FORMULA FOR DETERMINING EMPLOYER' S CONTRIBUTION Employer contribution for each Participant will be determined by the Employer each year based on the converted value of accumulated benefits that are eligible for contribution to this Plan In no event will the Employer's contribution for the year exceed the statutory maximum of 100% of compensation up to $40,000 (as indexed) of each Participant's Compensation as described under IRC 415(c) ANNEKL SWEEP OF ACCUMuLATEt WICATJON 77ME IN cE55 3F 4oa HOURS AND Employer shall make a regular contribution of LER() (e g , zero) on behalf of each Participant, which amount may be modified by Employer resolution or amendment 20 DISTRIBUTIONS UPON DEATH (Plan Section 6 2) Distributions upon the death of a Participant prior to receiving any benefits shall a ix begin within 1 yeai of death for a designated beneficiary and be payable over the life (or over a period not exceeding the life expectancy) of such beneficiary, except that if the beneficiary is the Participant's spouse, begin within the time the Participant would have attained age 70 1/2 b ❑ be made withm 5 years of death for all beneficiaries © 2004 Nationwide Retirement Solutions, Inc 6 AND (chose e or f or both) e 1 all Employees terminating service with the Employer during the Plan Year and who have satisfied the eligibility requirements based on the terms of the Employer's accumulated benefits plans checked below 1 ❑ Age (e g , 55 years of age) 2 ❑ Accumulated Benefits Value in excess of (e g , $2,000) 3 ❑ Accumulated Leave Hours in excess of (e g , 40 hours) 4 t�1 NIA No exclusions f �JActive Employees who are not terminating service during the Plan Year and who meet the following requirements 1 ❑Age (e g , 55 years of age) 2 f lAccumulated Benefits Value in elecess of (e g , $2,000) 3 ®Accumulated Leave Hours in excess of j Q O HOURS (e g , 40 hours) 4 NIA No exclusions NOTE: For purposes of this section, the term Employee shall include all Employees of this Employer and any leased employees deemed to be Employees under Code Section 414(n) or 414(o) 16 EFFECTIVE DATE OF PARTICIPATION AND VESTING (Plan Section 3 2) An Eligible Employee shall become a Participant of the Plan as of the first day he or she met all eligibility requirements and shall be 100% vested upon entering the Plan 17 NORMAL RETIREMENT AGE (Plan Section 1 20) means any age that is on or after the earlier of the age of 65 or the age at which Participants have the right to retire and receive, under the basic defined benefit pension plan of the Employer (or a money purchase plan in which the Participant also participates if the Participant is not eligible to participate in a defined benefit plan), immediate retirement benefits without actuarial or similar reduction because of retirement before some later specified age, and that is not later than age 70 %z Such age shall be specified as a ❑ the date a Participant attains his or her birthday b ❑ the later of the date a Participant attains his or her birthday or the anniversary of the first day of the Plan Year m which participation m the Plan commenced AND Optional normal retirement age for qualified police or firefighters c E N/A d >�1 Any age the employee selects between ages of 40 and 70 1/2 © 2004 Nationwide Retirement Solutions, Inc 5 13 NAME OF PLAN ADMINISTRATOR (Document provides for the Employer to appoint an Administrator If none is named, the Employer will become the Administrator ) a j Employer (Use Employer Address and Telephone) b n Use Name, address and telephone number below Name Address Telephone City Administrator's Tax Identification Number State Zip 14 PLAN'S AGENT FOR SERVICE OF LEGAL PROCESS a 21 Employer (Use Employer Address) b ❑ Name Address Telephone City State Zip ELIGIBILITY, VESTING AND RETIREMENT AGE 15 ELIGIBLE EMPLOYEES (Plan Section 3 1) Employees who have the following types of accumulated benefits under the Employer's accumulated benefits programs and whose accumulated benefits qualify for conversion as a contribution to this Plan under the terms of the following accumulated benefits program(s) of the Employer a isa Sick leave b Vacation leave c Paid administrative/personal leave d Other (e g , accumulated benefits leave) © 2004 Nationwide Retirement Solutions, Inc 4 PLAN INFORMATION 10 EFFECTIVE DATE This Adoption Agreement of the Nationwide Retirement Solutions Governmental Accumulated Benefits Defined Contribution Plan and Trust shall a J establish a new Plan effective as of SETT 21 20o5' (hereinafter called the "Effective Date") 1 b ❑ constitute an amendment and restatement m its entirety of a previously established qualified Plan of the Employer which was effective (hereinafter called the "Effective Date") Except as specifically provided m the Plan, the effective date of this amendment and restatement is 11 PLAN YEAR means the 12 consecutive month period Commencing on a NIA N 1 (e g. January 1St) and ending on b DEC. 3! (e g December 315`) IS THERE A SHORT PLAN YEAR c ❑ No d FJ Yes, beginning sErr 2, j r Zan and endmg bEC 3 J ZOO S 12 PLAN NUMBER assigned by the Employer (select one) a 001 b n 002 c ❑ 003 d ❑ Other (m sequence with numbers used foi retirement plans mamtamed by the employer) 0 2004 Nationwide Retirement Solutions, Inc 3 b J 212_ RcvnikcfbE /WE-. ( EELphips Street City 7 LOCATION OF EMPLOYER'S PRINCIPAL OFFICE a giState of CRLIFoWA b ❑ Commonwealth of 92.173 State Zip This Plan and Trust shall be governed under the laws of the state or commonwealth where the Employer's principal place of business is located unless another state or commonwealth is specified 8 EMPLOYER FISCAL YEAR means the 12 consecutive month period Comznencmg on a DIY 1 month day ending on b _suLuE 3 Q (e g , December 315t) month day (e g , January 1st) and 9 TYPE OF GOVERNMENTAL ENTITY CAUTION The Plan may only be adopted by State and local governments and agencies and may not be adopted by 501(c) tax-exempt organizations, federal governmental agencies, Native Amencan tribes or private sector employers a ❑ State government or state agency b ❑ County or county agency c ® Municipality or municipal agency d ❑ Other, please specify (e g , an eligible water district) © 2004 Nationwide Retirement Solutions, Inc. 2 THE NATIONWIDE ACCUMULATED BENEFIT CONVERSION PROGRAMsI ADOPTION AGREEMENT FOR NATIONWIDE RETIREMENT SOLUTIONS GOVERNMENTAL ACCUMULATED BENEFIT DEFINED CONTRIBUTION PLAN AND TRUST (Money Purchase Plan) The undersigned Employer adopts The Nationwide Retirement Solutions Governmental Accumulated Benefit Defined Contribution Plan and Trust (Money Purchase Plan) for those Employees who shall qualify as Participants hereunder, to be known as the 1 CITY CSF r< Rl s - REacguQC ASSoe1A T76/0 ty CirttrEry MAJJA 4E-mevr 674POYEK (Enter Plan Name) It shall be effective as of the date specified below The Employer hereby selects the following Plan specifications CAUTION. Failure to properly fill out this Adoption Agreement may result in disqualification of the Plan EMPLOYER INFORMATION (An amendment to the Adoption Agreement is not needed solely to reflect a change in the information m this Employer Information Section ) 2 NAME OF EMPLOYER CITY aF izen:AlliDS REDIA Jrs ii.STOC/ATtaili OF S#Fe1 ILIAmA& Mar kMPW''e _s 3 ADDRESS e t3a) l9 05 R. ED [.A111 DS CA gZ 3 73 TELEPHONE City State Zip 040 9_3 778— 7S9Y 4 EMPLOYER'S TAXPAYER IDENTIFICATION NUMBER 5 NAME(S) OF TRUSTEE(S) a CIEruS HYMAN b t'Qr� Frrze4,4vR/Ce Ai? ti(rt_ SI/FA-CHtk 6 TRUSTEES' ADDRESS a ❑ Use Employer Address ?5 - 6Qao?6 6 DC -4292 0904 1 IN WITNESS WHEREOF, the Employer and Trustee hereby cause this Plan to be executed on this 20tillay of September , 20 05 EMPLOYER By R ntAAINT 4swinrrEA) OF SAFETY M MAAJ44194eNr El1l°W y�3 TRUST PARTICIPATING EMPLOYER. By Girt/ OF pent AtIDS (enter usa. Peppier, Mayor Attest By L Lorr "Pe Y - i oyzoyzer, Clerk © 2004 Nationwide Retirement Solutions, Inc 9 The Nationwide Accumulated Benefit Conversion Program is a service mark of the Nationwide Life Insurance Company ADMINISTRATIVE AGREEMENT FOR THE NATIONWIDE ACCUMULATED BENEFIT CONVERSION PROGRAMS"" This Administrative Agreement (hereinafter 2.0 TAI day of ccP7n,ra3e cry rtp tdfistmitn - RacME-3 (hereinafter Retirement Solutions, Inc ("Nationwide"). "Agreement") is executed this , 2Oe , by and between "Employer"), and Nationwide WHEREAS, the Employer desires to adopt The Nationwide Accumulated Benefit Conversion Program nn ("Program") to provide retirement benefits for eligible participants, and WHEREAS, the Program includes The Nationwide Retirement Solutions Governmental Accumulated Benefit Defined Contribution Plan and Trust ("Plan") and all investment products offered as investment options thereunder; and WHEREAS, Employer recognizes that through the adoption of the Program all such regulatory, operational, administrative, and other Plan management responsibilities are assumed by the Employer, in accordance with the terms of the Plan's Adoption Agreement and basic Plan and Trust document (collectively referred to as "Plan Document"), and certain responsibilities have been and may be delegated by the Employer to Nationwide (serving in a capacity as a third -party administrator); and WHEREAS, Employer has enacted the necessary resolution to adopt the Plan and to adopt this Administrative Agreement, and WHEREAS, Employer desires to offer the Plan developed in cooperation with Nationwide which permits the Employer and its employees to enjoy the advantages derived from Section 401(a) of the Internal Revenue Code ("Code"), and WHEREAS, the Plan is intended to assist the Employer in providing an increased measure of financial security to its eligible employees by providing for additional retirement income through Employer contributions; NOW, THEREFORE, in consideration of the premises set forth hereinabove and the premises contained hereinafter, the parties agree as follows. I. REGULATORY CONSIDERATIONS A Nationwide represents that, to the best of its knowledge, the Plan Document meets all necessary criteria for approval by all federal regulatory authorities governing such plans at the time of adoption Nationwide has not obtained a Determination or Advisory Letter with respect to the qualification status of the Plan, Employer is encouraged 1 DC 4243 0904 Rmpte - Rtzubu; A,ss6 c(Atie,J CSF .rApery MA►iA cEntali 614U y ct,S to apply for a Determination Letter or request a Private Letter Ruling (PLR), as deemed appropriate by Employer's legal counsel. In the event Employer applies for a Determination Letter or requests a PLR, Employer and not Nationwide shall be responsible for any fees related to such requests B. Employer has determined that it is eligible to adopt and offer the Plan to its eligible employees and such Plan is a governmental plan as defined under IRC Section 414(d). Further, Employer has determined it is authorized under applicable state law to adopt the Plan and that amounts of the accumulated benefits that are converted and contributed to the Plan constitute employer nonelective contributions II. THIRD PARTY ADMINISTRATOR A The Employer hereby appoints Nationwide as third -party administrator in fulfilling certain administrative requirements of the Plan B Nationwide shall perform the administrative services set forth in this Agreement, unless Nationwide is precluded from performing such services in the normal course of business, in whole or in part, due to Acts of God, fire, flood, sabotage, and accidents resulting from aircraft, trains or other vehicles or other accidents beyond the reasonable control of Nationwide. Nationwide shall not be responsible for performing all or that portion of the services precluded by the foregoing events for such period of time as Nationwide is precluded from performing such services in the normal course of business Nationwide shall not be liable for lost profits, losses, damage or injury, including without limitation, special or consequential damages, resulting in whole or part from the foregoing events C "Acts of God" are defined as acts, events, happenings or occurrences due exclusively to natural causes and inevitable accident or disaster, exclusive of all human intervention. III. RESPONSIBILITIES OF NATIONWIDE Nationwide agrees to the following terms and conditions Nationwide assumes no responsibility for services prior to the effective date of the Agreement, nor after termination of the Agreement Nationwide will A Provide Employer with the Plan Document and provide Employer with such assistance as is reasonably necessary to install and implement the Plan. B Provide Employer the necessary forms or access to electronic media for purposes of transmitting employee data necessary for converting and maintaining participant accounts under the Plan Nationwide shall 2 accept or reject participant election forms, based on good order requirements of Nationwide C. Provide an administrative support system to facilitate Employer contributions, reconciliations, disbursements to the investment media, and maintenance of the individual and Employer account records, provide periodic statements, coordinate employee distributions, and assure proper tax reporting. D Provide such accounting and internal control systems as are necessary to provide Employer with those reports specified in this Agreement as may be necessary to meet the Employer's financial reporting requirements E Prepare and distribute sales/marketing literature, communication materials, and other written and visual aids which Nationwide deems necessary to communicate the Plan to eligible employees of the Employer; F Establish a program for ongoing contact with participants in order to answer questions and to provide additional information and other services reasonably required in connection with the Plan. G. Provide customer services including a toll-free number and Internet website at no additional cost to Employer for participant exchanges and account balance information and other services as may be provided by Nationwide H As directed by Employer, Nationwide will approve and process withdrawal and distribution requests I Nationwide shall review and process distribution, withdrawal and loan requests (if permitted under the Plan) received directly from participants Any requests must be submitted on forms provided by Nationwide. Form request must be determined to be in good order in accordance with Plan provisions before the request can be processed. Nationwide shall rely upon information provided on the form as accurate. Nationwide shall contact Employer when information missing cannot reasonably be obtained from participant Specific duties Nationwide is authorized by Employer to carry out are • Send a distribution package to the participant address of record, upon receipt of notice of separation from service or retirement. Current payout options include those listed in Exhibit A Should the Employer wish to offer additional payment options to participants, Nationwide must agree to these in writing. Such agreement shall not be unreasonably denied. Nationwide agrees to use its best efforts 3 to implement any agreed upon change in payment options within 45 days • Administer the provisions of the loan program (if permitted by the Plan) pursuant to the terms of the Plan and in accordance with administrative policies as agreed upon by Employer and Nationwide Details of applicable loan administration policies and loan program are included in Exhibit B J. As payor, Nationwide will compute and deduct from any disbursements made under the Plan all appropriate Federal and State income taxes required by law to be withheld from plan distrtbuttons. Nationwide will furnish appropriate tax reporting forms to all participants receiving payments or benefits from the Plan, and also furnish appropriate tax reporting to the IRS and appropriate state agencies K Nationwide shall not be responsible for monitoring applicable Code limits that may be exceeded as a result of aggregating all contributions to all plans should Employees participate in more than one plan sponsored by Employer. L. If applicable, the Nationwide shall not be responsible for monitoring contribution limits that may be exceeded as a result of contributions to other plans sponsored by the Employer, including but not limited to Code Sections 403(b), 401(a), 401(k), and 457 plans. M Post deposits on the same Business Day of receipt of the order to process such deposit, if the enrollment form of a participant and all information necessary for processing the purchase order are complete upon receipt by Nationwide, and received by Nationwide in Good Order not later than the time period established by Nationwide "Good Order" is defined as the reconciliation of contribution data and funds remitted by Employer. "Business Day" is defined as any day that the New York Stock Exchange is open for trading N If a contribution to be allocated to an eligible employee is received prior to receipt of the participant's election form, allocate the contribution to the participant's account and hold it in a fixed investment option or other such fund designated by Employer as the default investment option. At no time will contributions be returned to the Employer except as expressly permitted by law Nationwide shall not be responsible for gains or losses incurred under the default investment option as a result of the participant's failure to provide investment direction or future contribution allocation instructions O Provide participants opportunities to redirect future contribution amounts to any Investment Product offered by the Plan, subject to any limitations or restrictions established by the Employer, Nationwide or 4 Investment Provider All requests will be processed within the time period established by the Administrator after receipt in good -order by the Administrator and will be effective with the next following pay period contribution. P Provide participants opportunities to exchange existing account balances from one Investment Option offered by the Plan to another, subject to any limitations or restrictions established by the Employer, Nationwide, or Investment Provider As long as an exchange request is received during the hours that the securities exchanges are open, both the request for the fund being "sold" and the new fund being purchased will be effective with that same day's closing price, provided the funds offered by the Plan allow same day pricing Nationwide's obligations under this Agreement with respect to the investment of Plan contributions shall be subject to, and superseded by, any applicable regulatory or legislative requirements Q Establish and maintain individual participant account records and calculate daily valuations of participant accounts Such records shall contain the participant's social security number, the allocation of contributions to the investment options available under the Plan as directed by the participant, the participant's address, the participant's birth date, the participant's beneficiary designation, and any other data necessary for administration of the participant's account. R Provide quarterly individual account reports to each participant reflecting the account balances as of each March 31, June 30, September 30, and December 31 ("Statement of Account"). S Provide the following reports to the Employer on a timely basis as follows. (1) Plan level quarterly summaries within thirty (30) days after the end of each calendar year quarterly reporting period (March 31, June 30, September 30 and December 31), indicating the total amounts invested, total values (including earnings or losses with respect thereto), and total amount of funds to each investment option under the Plan (2) Other reports as mutually agreed to by the Employer and Nationwide. T. Provide plan amendments as requested by Employer, or as required by legislative or regulatory changes 5 U. Provide a summary plan booklet for employees, and any necessary updates ✓ Provide a loan program and an Employer's administration manual (if loans are permitted under the Plan) IV. RESPONSIBILITIES OF THE EMPLOYER The Employer agrees to the following terms and conditions. The Employer will A Provide Nationwide its full cooperation and support in administering the necessary means for transmission of data necessary in the administration of the Plan; B Disseminate from time to time such promotional and communication materials as may be provided to it for employee distribution, C Arrange for representatives of Nationwide to conduct any necessary enrollment meetings with the Employer's eligible employees; D Provide the legal name of Employer, official or committee appointed as the Plan Administrator acting on behalf of the Employer on all material matters relating to activities of the Plan, E Accept the terms and conditions of the investment media used as funding media under the Program, F Use the Plan Document, promotional materials, and other forms provided as a service by Nationwide in connection with the Employer's adoption of the Plan; G. Abide by the payout options available under the Plan, H indicate to Nationwide those employees eligible to receive contributions and calculate and remit these contributions to Administrator, 1 Administer the Plan in accordance with the Plan Document; J. Submit timely census information to the Nationwide in the requested format; K Provide Nationwide the deposits by wire transfer, through an automated clearinghouse or by check; and 6 t L Provide to Nationwide in such electronic magnetic media, or another mutually agreed upon method, a deferral listing with respect to participant accounts to include not less than the following: 1 Name of Participant 2 Social Security number of the participant 3. Amount to be credited to participant's sub-account(s) 4. Employer Number (Administrator to provide) 5 Payroll effective date V ADMINISTRATIVE FEES A. Nationwide also shall be entitled to a Participant account set-up fee of $50.00 per Participant account to be due and assessed upon the initial contribution by the Employer to the Plan and prior to any distribution from the Participant account. B Nationwide also shall be entitled to a maintenance fee of $50 00 per year per Participant account which shall be assessed beginning one-year after the initial account set-up and every year thereafter until the Participant account value is zero In the event a Participant account value is Tess than $50 00 at the time of the assessment of the annual maintenance fee, Nationwide is entitled to receive as its annual maintenance fee the amount of the Participant account value, after which the account shall be closed C Participant Loans [IF APPLICABLE] Nationwide shall process participant loans pursuant to the terms of the Plan and loan administrative procedures adopted thereunder. Nationwide shall charge the following loan fees. An application fee of $ sr)~ will be deducted from the Participant's account at the time of loan origination This application fee is nonrefundable. An annual loan maintenance fee of $ 5o °t. will also be deducted on -TAN f sr from the Participant's account until the loan is repaid in full A default fee of $ N/14 will be deducted from the participant's account at the time of default, and annually thereafter until the loan is repaid or upon occurrence of a distributable event VI TERMINATION Either party may terminate this Agreement upon 90 days' written notice to the other party. VII. INDEMNIFICATION Nationwide agrees to hold harmless and indemnify the Employer, its appointed and elected officers and Participants from any loss resulting from Nationwide's failure to perform its duties and services pursuant to this Agreement which directly results from Nationwide's negligence or willful misconduct. Nationwide's liability hereunder shall be limited to penalties and interest assessed with respect to such failure. Employer agrees to hold harmless and indemnify Nationwide, its appointed and elected officers and employee's for any loss resulting from Employer's failure to perform its duties and services pursuant to this Agreement Employer agrees to hold harmless and indemnify Nationwide for any consequences resulting from the failure of the Employer to request a PLR or file for a Determination Letter, as appropriate VIII OTHER PROVISIONS A. Nationwide will rely on the accuracy of information received from the Employer. Should an error or omission in the information received cause Nationwide to reprocess any of the services described, the Employer agrees to pay Nationwide for the services, which must be repeated. At the request of the Employer, Nationwide shall provide an estimate of the additional costs B The Employer understands and agrees that Nationwide does not hereby agree or contract to provide legal, tax or investment advice and nothing in this Agreement shall be construed to provide the same. Any responsibility for the preparation and interpretation of any legal documents affecting the Plan shall be the sole responsibilities of the Employer and/or legal counsel retained by the Employer for such purposes. C. Nationwide agrees to perform services contained in this Agreement at the request of the Employer as evidenced by the Employer's execution of this Agreement. Nationwide is not a fiduciary and does not accept any fiduciary responsibility whatsoever by virtue of performing services provided under this Agreement. 8 D. This Agreement, including attached Exhibits, shall constitute the entire Agreement IX. CONTRACT TERM This Agreement is effective SEPtF1413d2 Zt Z c S , until terminated in accordance with Section VI above Attest Lorr - Poyzerty Clerk EMPLOYER' CITY OF REDLANDS Signature Title - Date: ft'IO& 4- Susan Peppler, Mayor September 20, 2005 Nationwide Retire a rffSolutions, Inc Sign- Title. -i'let%-jjc. Date 61- ,2-6 -05 9 The Nationwide Accumulated Benefit Conversion Program is a service mark of the Nationwide Life Insurance Company EXHIBIT A THE FOLLOWING FORMS OF PAYMENT AS DEFINED IN THE PLAN: Lump Sums Installments Systematic Withdrawals EXHIBIT B Loan Program and Administrative Policies [IF APPLICABLE] Nationwide Life Group Fixed Retirement Contract (Exchange/Transfer Provisions) 1 The per participant exchange and transfer percentage limit is 20% Participants with less than or equal to $1,000 in their fixed account will now have the opportunity to exchange/transfer out up to their entire account value Each transaction will count toward the limitation of two exchanges/transfers out of the Nationwide Fixed Annuity per calendar year Additionally, a 5 -Year Exchange/Transfer Provision will allow for the systematic movement of 100 percent of a participant's account balance out of the Nationwide Fixed Annuity on a monthly basis over a five year period utilizing a dollar cost averaging technique If elected, a participant cannot defer, exchange, or transfer into his/her fixed account for the 5 year term without canceling the provision -OR- 2 The per participant exchange and transfer limit may be replaced by a 12% aggregate limit on a per entity basis The 12% limit will be based upon the entity's fixed asset balance as of December 31 of the previous calendar year Participants may exchange and/or transfer up to l00% of their fixed account balance until the 12% aggregate limit is reached If the total of all exchanges and/or transfers reach the 12% aggregate limit, no further exchanges and/or transfers will be permitted until the following calendar year Exchanges and/or transfers will be administered by participants on a first come first serve basis In an effort to provide all customers with an opportunity to utilize this option, participants may elect up to four exchanges/transfers out of the Nationwide Fixed Annuity within a calendar year Additionally, a 5 -Year Exchange/Transfer Provision will allow for the systematic movement of 100 percent of a participant's account balance out of the Nationwide Fixed Annuity on a monthly basis over a five year period utilizing a dollar cost averaging technique If elected a participant cannot defer exchange, or transfer into his/her fixed account for the 5 -year term without canceling the provision If the 12% aggregate exchange and transfer limit is NOT elected the entity will be set up with the 20% per participant exchange and transfer limit Please select one of the following exchange and transfer limits 41 I hereby elect to remain at the 20% per participant exchange and transfer limit I understand that application for the 12% aggregate exchange and transfer limit may be made at a later time however the effective date will be no earlier than January 1 of the year following the calendar year in which 1 file such an application [ 1 I hereby elect the 12% aggregate exchange and transfer limit I understand that once this limit is c , I cannot change back to the 20% per participant exchange and transfer limit tib,c.._irp Agent's SignaturLate C17 -y OF R€D L ND5 - RANDS tiMcolrigiu 6F' sAFFry M AGc`/ eVr 6K151.0 Entity's Name Attest• Autho zed Signature/Date Su an Peppier, Mayor Sept. 20, 2005 DC -2421-B {07/04) Copies to White -Service Center Yellow -Entity v e Poyzer, - Clerk Pink—Nationwide Retirement Solutions Field Representative NATIONWIDE LIFE INSURANCE COMPANY (The Company) APPLICATION FOR AND ACCEPTANCE OF GROUP FIXED FUND RETIREMENT CONTRACT Application is hereby made to the Company by CITY of RtZuJnJi>S, C4LIFC)RN lR RED pa4Ds "sso .l ,?144) OF SAFFrY tIANACf4 &kir &ivIrc y EL=s (The Entity Name) for the attached Group Fixed Fund Retirement Contract The Entity approves and accepts the terms of the Contract The Entity agrees to perform the duties of the Owner under the Contract It is further agreed that as of the later of (1) the date this Application for and Acceptance of Group Fixed Fund Retirement Contract is signed, or (2) the date as of which the Contract is executed by the Company, this Application for and Acceptance of Group Fixed Fund Retirement Contract shall supersede any preliminary application previously executed 1" 1AYCIZ DC -2040-0602 Entity Officl'aI Signature) Susan Peppier, Mayor (Title) Sept 20, 2005 Attest. (Date) (Authbnzed Representative Signature) (Date) Original — NRS • Copy 1 — Entity Parking and Business Improvement Area B and setting 3 00 P.M on November 15, 2005, as the time and date of the public hearing to consider the assessments Ordinance No 2617 - Parades and Public Assemblies - Ordinance No 2617, an ordinance of the City of Redlands amending Chapter 12 40 of the Redlands Municipal Code relating to parades and public assemblies, was unanimously adopted on motion of Councilmember Gilbreath, seconded by Councilmember Gil Contract - Nationwide Accumulated Benefit Conversion Program - On motion of Councilmember Gilbi eath, seconded by Councilmember Gil, the City Council unanimously approved a conti act with Nationwide Financial and its subsidiaries to establish the Nationwide Accumulated Benefit Conversion Program for the Redlands Association of Safety Management Employees and authorized the Mayor to execute, and the City Clerk to attest to, the document on behalf of the City MOU Amendment - RASME - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved Amendment No 1 to the Memorandum of Understanding with the Redlands Association of Safety Management Employees (RASME) and authorized the Mayor to execute, and the City Clerk to attest to, the document on behalf of the City Amendment - Street Improvement Plans - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved the first amendment to the consultant services agreement with Albert A Webb Associates to prepare traffic signal and street improvement plans for the intersection of Barton Road and San Timoteo Canyon Road in the amended amount of $7,000 00 and authorized the Mayor to execute, and the City Clerk to attest to the document on behalf of the City Amendment - Bridges RepIaceinent Project - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously approved the first amendment to the consultant services agreement with Tom Dodson & Associates to ensure that the City is m compliance with regulatory permits for the project to build new bridges on Alabama Street and Orange Street at the Santa Ana River crossings and authorized the Mayor to execute, and the City Clerk to attest to, the document on behalf of the City Agreement - Lighting of Bus Shelters - On motion of Councilmember Gilbreath, seconded by Councilmember Gil, the City Council unanimously directed staff to prepare an "electrical power lease agreement" with Lamar Advertising Company September 20, 2005 Page 3