Contract - JIMNI Systems Inc. - 2013-06-03 FIRST ADDENDUM TO
AGREEMENT FOR PUMP STATION
MAINTENANCE SERVICES
(JIMNI Systems, Inc.)
This First Addendum ("FIRST ADDENDUM") to the June 3, 2013 Agreement
("AGREEMENT") between the Costa Mesa Sanitary District, a sanitary district,
("DISTRICT") and JIMNI Systems, Inc., a California corporation, ("CONTRACTOR") is
made and effective as of June 7, 2013. In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
Recitals
WHEREAS, on June 3, 2013, DISTRICT and CONTRACTOR entered into the
AGREEMENT for maintenance and inspection of sewer pump stations owned and
operated by the DISTRICT; and
WHEREAS, pursuant to the AGREEMENT, CONTRACTOR will have access to
DISTRICT's property after hours and when no DISTRICT employee is on site; and
WHEREAS, the DISTRICT has an indemnification and insurance provision in
said AGREEMENT that controls the respective liability of the parties; and
WHEREAS, DISTRICT and CONTRACTOR desire to further clarify matters of
liability by example as they pertain to the services to be performed under the
AGREEMENT;
NOW, THEREFORE, the parties hereto agree as follows:
Addendum
1. CONTRACTOR shall be responsible for damage or loss to DISTRICT
property caused or contributed to by CONTRACTOR in its performance of the
AGREEMENT. This shall include damage or loss to DISTRICT property by failing to
secure the property from risk of loss by third parties such as trespassers, criminals, or
vagrants. CONTRACTOR shall not be responsible for such events if it took reasonable
measures to secure DISTRICT property, including the use of locking, security, and
alarm systems used by DISTRICT.
2. DISTRICT shall not be responsible for accident or injury caused,
contributed to, or suffered by employees, agents, independent contractors, officers, or
directors of CONTRACTOR performing services under the AGREEMENT.
CONTRACTOR shall defend, indemnify, and hold DISTRICT harmless from any and all
claims asserted by such persons against DISTRICT.
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3. This FIRST ADDENDUM is meant as a clarification of the parties'
understanding of the terms of the AGREEMENT. Nothing in this FIRST ADDENDUM is
meant to modify or derogate the terms of the AGREEMENT, including, but not limited
to, the Insurance and Indemnification provisions of the AGREEMENT.
IN WITNESS WHEREOF, the parties hereto have caused this FIRST
ADDENDUM to be executed this day and year first above written.
COSTA MESA SANITARY DISTRICT JIMNI SYSTEMS, INC.
/ ___ • /
General Manager Sit ature -- '
ATTEST: Z.51/� r�C1 ne a
Typed Name l
District Clerk 1Ce. '/' 6e1Dc11/1
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Title
APPROVED AS TO FORM:
Associate District Counsel
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