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First Amendment Agreement between
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the City of Rancho Palos Verdes
and Scott Fazekas &Associates, Inc.
This agreement is an amendment ("Amendment") to the building and safety
consulting services agreement between the City of Rancho Palos Verdes("City")and Scott
Fazekas & Associates, Inc. ("Consultant"), dated May 17, 2011 ("Agreement"). This
Amendment is effective as of July 1, 2013, and is being made to extend the term of the
Agreement for two years.
SECTION 1. Article III ("TERM") of the Agreement is hereby amended to read as
follows:
"This Agreement shall commence on July 1, 2011 and shall terminate on June 30,
2015, unless sooner terminated pursuant to Article X of this Agreement."
SECTION 2. Section A of Article IX ("INDEMNIFICATION AND INSURANCE") of
the Agreement is hereby amended to read as follows:
"Indemnification. Consultant agrees, at its cost, to defend (with legal counsel of
Consultant's choice and as approved by the City,which approval may not be unreasonably
withheld), indemnify, and hold harmless the City, its officials, officers, employees, agents
and independent contractors serving in the role of City officials, and volunteers(collectively
"Indemnitees"), from any and all claims, demands, causes of action, costs, expenses,
liabilities, losses, damages or injuries, in law or equity, to property or persons, including
wrongful death (collectively"Claims"), arising out of or incident to any acts or omissions of
Consultant, its officials, officers, employees or agents in connection with the performance
of this Agreement, including without limitation the payment of all consequential damages,
attorneys'fees, and other related costs and expenses, except for such Claims arising out
of the sole or active negligence or willful misconduct of the Indemnitees. With respect to
any and all such Claims, Consultant shall defend lndemnitees at Consultant's own cost,
expense, and risk and shall pay and satisfy any judgment, award, or decree that may be
rendered against Indemnitees. Consultant shall also reimburse Indemnitees for any and all
legal expenses and costs incurred by each of them in connection therewith or in enforcing
the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted
to insurance proceeds, if any, received by Consultant or lndemnitees. All duties of
Consultant under this Section shall survive termination of this Agreement."
SECTION 3. Subsection i of Section F ("Notice of Cancellation") of Article IX
("INDEMNIFICATION AND INSURANCE")of the Agreement is hereby amended to read as
follows:
"All insurance policies shall provide that the insurance coverage shall not be
cancelled or modified by the insurance carrier without thirty(30)days prior written notice to
City,or ten(10)days notice if cancellation is due to nonpayment of premium. Additionally,
Consultant shall provide immediate notice to the City if it receives a cancellation or policy
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revision notice from the insurer. Consultant agrees that it will not cancel or reduce any
required insurance coverage."
SECTION 4. Section G of Article IX ("INDEMNIFICATION AND INSURANCE") of
the Agreement is hereby amended to read as follows:
"Entire Policy and Certificate of Insurance. At all times during the term of this
Agreement, Consultant shall maintain on file with the City Clerk both a copy of the entire
policy and a certificate of insurance showing that the aforesaid policies are in effect in the
required amounts. The commercial general liability policy shall contain endorsements
naming the City, its officers, agents and employees as additional insureds."
SECTION 5. Except as expressly amended by this amendment to the Agreement,
all of the other provisions of the Agreement shall remain in full force and effect as written in
the Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Amendment as of
the date and year first above written.
Dated: 0943 Scott Fazekas & Associates, Inc.
("Consultant")
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By: .i syr
Printed Name: gi I -z45
Title:
Printed Name: K
Title: G �.
The City of Rancho Palos Verdes
("City")
By: c5()&6
Mayor
ATTEST:
By: /12.
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City Clerk
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