HomeMy WebLinkAboutGracebound Inc. First Amendment to Agreement- 06.30.2022FIRST AMENDMENT TO
AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT (Amendment) made and entered into
effect the 30th day of June 2022, between the City of Fresno, a California municipal
corporation (City), and Gracebound Inc., a California Non -Profit Corporation (Service
Provider).
RECITALS
WHEREAS, the City and the Service Provider entered into an agreement on
July 1, 2021 (Agreement), to provide mobile shower operations services for the Fresno
Mobile Shower Trailer (Project); and
WHEREAS, the City and the Service Provider desire to modify the indemnification
in the Agreement because the Project will operate on real property owned by Fresno
Housing Authority of the City and County of Fresno (FHA), or Veterans of Foreign Wars
of the U.S. (VFW); and
AGREEMENT
NOW, THEREFORE, the parties agree that the Agreement be amended as
follows:
Section 7, Indemnification shall be amended and replaced with the
following:
"Indemnification. To the furthest extent allowed by law, Service
Provider shall indemnify, hold harmless and defend City, FHA, VFW, and
each of their officers, officials, employees, agents, and volunteers from any
and all loss, liability, fines, penalties, forfeitures, costs and damages
(whether in contract, tort or strict liability, including but not limited to
personal injury, death at any time and property damage), and from any and
all claims, demands and actions in law or equity (including reasonable
attorney's fees and litigation expenses) that arise out of, pertain to, or relate
to the negligence, recklessness or willful misconduct of Service Provider,
its principals, officers, employees, agents, or volunteers in the performance
of this Agreement.
If. Service Provider should subcontract all or any portion of the
services to be performed under this Agreement, Service Provider shall
require each subcontractor to indemnify, hold harmless and defend City,
FHA, VFW, FS TRS, and each of their officers, officials, employees, agents,
and volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement."
2. In the event of any conflict between the body of this Amendment and any
exhibit or attachment hereto, the terms and conditions of the body of this Amendment
shall control and take precedence over the terms and conditions expressed within the
exhibit or attachment. Furthermore, any terms or conditions contained within any exhibit
or attachment hereto which purport to modify the allocation of risk between the Parties,
provided for within the body of this Amendment, shall be null and void.
3. Except as otherwise provided herein, the Agreement entered into by the
City and the Consultant on July 1, 2022, remains in full force and effect.
[Signatures follow on the next page.]
IN WITNESS WHEREOF, the Parties have executed this Amendment at Fresno,
California, the day and year first above written.
City of Fresno, Gracebound Inc.,
A municipal corporation a California Non -Profit Oration
By:
Georgeanne A. 0 ite,
City Manager
APPROVED AS TO FORM.
RINA M. GONZALES
Interim City Attorney
Brandon M. Collet Date
Supervising Deputy City Attorney
ATTEST:
TODD STERMER, CMC
City CI rk
4,'-00 � Jis�� Date
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Addresses
City:
City of Fresno
Attention: Philip Skei, Assistant Director
Planning & Development Department
2600 Fresno Street
Fresno, CA 93721
Telephone No, (559) 621-8003
By: U' ` [_ ]
��77 rGo-57t-
Name�6.lt6f '
Title:� �G
(If corporation or LLC , Board Chair, Pres.
or Vice Pres )
By: J
Name -
Title: C�
(If corporation or LLC., CFO., Treasurer,
Secretary or Assistant Secretary)
Service Provider:
Gracebound. Inc.
Attention: Keith Scott, CFO
420 N Broadway Street
Fresno, CA 93701
Telephone No: 1559)352-8680
E-mail: Graceboundmission(a)yahoo.com
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