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> a <br /> <4, <br /> First Amendment Agreement between <br /> d to g <br /> the City of Rancho Palos Verdes <br /> and Scott Fazekas &Associates, Inc. <br /> This agreement is an amendment ("Amendment") to the building and safety <br /> consulting services agreement between the City of Rancho Palos Verdes("City")and Scott <br /> Fazekas & Associates, Inc. ("Consultant"), dated May 17, 2011 ("Agreement"). This <br /> Amendment is effective as of July 1, 2013, and is being made to extend the term of the <br /> Agreement for two years. <br /> SECTION 1. Article III ("TERM") of the Agreement is hereby amended to read as <br /> follows: <br /> "This Agreement shall commence on July 1, 2011 and shall terminate on June 30, <br /> 2015, unless sooner terminated pursuant to Article X of this Agreement." <br /> SECTION 2. Section A of Article IX ("INDEMNIFICATION AND INSURANCE") of <br /> the Agreement is hereby amended to read as follows: <br /> "Indemnification. Consultant agrees, at its cost, to defend (with legal counsel of <br /> Consultant's choice and as approved by the City,which approval may not be unreasonably <br /> withheld), indemnify, and hold harmless the City, its officials, officers, employees, agents <br /> and independent contractors serving in the role of City officials, and volunteers(collectively <br /> "Indemnitees"), from any and all claims, demands, causes of action, costs, expenses, <br /> liabilities, losses, damages or injuries, in law or equity, to property or persons, including <br /> wrongful death (collectively"Claims"), arising out of or incident to any acts or omissions of <br /> Consultant, its officials, officers, employees or agents in connection with the performance <br /> of this Agreement, including without limitation the payment of all consequential damages, <br /> attorneys'fees, and other related costs and expenses, except for such Claims arising out <br /> of the sole or active negligence or willful misconduct of the Indemnitees. With respect to <br /> any and all such Claims, Consultant shall defend lndemnitees at Consultant's own cost, <br /> expense, and risk and shall pay and satisfy any judgment, award, or decree that may be <br /> rendered against Indemnitees. Consultant shall also reimburse Indemnitees for any and all <br /> legal expenses and costs incurred by each of them in connection therewith or in enforcing <br /> the indemnity herein provided. Consultant's obligation to indemnify shall not be restricted <br /> to insurance proceeds, if any, received by Consultant or lndemnitees. All duties of <br /> Consultant under this Section shall survive termination of this Agreement." <br /> SECTION 3. Subsection i of Section F ("Notice of Cancellation") of Article IX <br /> ("INDEMNIFICATION AND INSURANCE")of the Agreement is hereby amended to read as <br /> follows: <br /> "All insurance policies shall provide that the insurance coverage shall not be <br /> cancelled or modified by the insurance carrier without thirty(30)days prior written notice to <br /> City,or ten(10)days notice if cancellation is due to nonpayment of premium. Additionally, <br /> Consultant shall provide immediate notice to the City if it receives a cancellation or policy <br /> 86876-000111548987v2.doc <br /> D-7 <br />