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HomeMy Public PortalAboutC-21-016 - ATKINSON, ANDELSON, LOYA, RUDD, & ROMO (insurance expired)AMENDMENT NO.1 TO AGREEMENT FOR CONTRACT SERVICES THIS AMENDMENT TO THE. AGREEMENT FOR CONTRACT SERVICES "Amendment") by and between the CITY OF CARSON, a California municipal corporation ("City") and ATKINSON, ANDELSON, LOYA, RUUD & ROMO, a PROFESSIONAL LAW .CORPORATION; a California corporation ("Consultant") is effective. as of the 1" day of July, 2021, RECITALS A, City and Consultant entered into that certain Agreement for Contract Services dated February 22, 2021 C'Agreement") whereby Consultant agreed to provide certain administrative investigation services pertaining to an employee of the City. B. Due to the complex issues involved and no fault of the Consultant, the investigation has taken longer than expected to complete, and accordingly City and Consultant now desire to amend the Agreement to extend its term such that it expires no later than August 31, 2021, rather than June 30, 202 1, to facilitate completion of the investigation. TERMS 1. Contract Changes. The Agreement, is amended as provided herein.. A. Section 3:4 (Term) of the Agreement is amended to read in its entirety as follows (additions shown in bold italics, deletions in s#±ee&za;ugh): "3.4 Term. Unless earlier terminated iri accordance with Section 7.4 below, this Agreement shall continue in full force and effect until completion of the services no later than August 313ine-30, 2021." 2. Continuing Effect of Agreement. Except as amended by this Amendment, all provisions, of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the .Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement .is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 01007.0001/349911.2 City represents and warrants to. Consultant that, as of the date of this Amendment, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment. 5.. Authority. The persons executing this Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment on behalf of said party, (iii) by so executing this Amendment, such party is formally bound to the provisions of this Amendment, and (iv) the entering into this Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] 01007.0001/349911.2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first -above written. C, 4 ATTEST: CITY: JCITY�ARSON, a nicipal co ration Sharon Landers, ity Manager P0 Jo . Carroll. Sr., Chief Deputy City Clerk APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney [BRJ] CONSULTANT: ATKINSON, ANDELSON, LOYA, RUUD & ROMO, A PROFESSIONAL LAW CORPORA-' I N, a California corporation Title: By. ._--- Name: at an . Kowalsk' Title: r artr - Cerritos Address: 12800 Center Court rive Suite #300 Cerritos, CA 90703 01007.0001/349911.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document: STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2021 before me,, personally appeared , proved. to me on the basis of satisfactory evidence to be the person(s) I whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s); or thee entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under" the. laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: .OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER 01007.0001/349911.2 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER THAN NAMED ABOVE TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL. ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR.ENTITY(IES)) 01007.0001/349911.2 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing, this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2,021 before me, , personally appeared , proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the withininstrument and acknowledged to me that he/she/they executed the same in his/her/their authorized. capacity(ies), and that by his/her/their signature(s) on the instrument the .person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the .laws of the State of California that the foregoing paragraph is true and. correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this farm. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01007.0001 /34991.1.2 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT OTHER THAN NAMED ABOVE