1 FIRST AMENDMENT TO
AGREEMENT BETWEEN THE CITY OF LOMITA AND
FAIRBANK, MASLIN, MAULLIN, METZ & ASSOCIATES (FM3)
This First Amendment to Agreement No. 2025-02 between the City of Lomita (“City”) and Fairbank, Maslin, Maullin, Metz & Associates (FM3), a California corporation, (“Contractor”) is made and entered into this 3rd day of February 2026. The City and Contractor mutually agree to amend the existing Agreement entered into January 21, 2025, as follows:
RECITALS
A. On January 21, 2025, the City entered into an Agreement with the Contractor to design, conduct and analyze a community survey.
B. The Agreement between the City and Contractor was for an amount not to exceed $33,250 and expires on January 22, 2026.
C. The City and Contractor now desire to amend the Agreement to increase total compensation of $33,250 to $61,500 and to extend the term until June 30, 2026.
D. Pursuant to Sections 4, 7, and 28 of the Agreement, the Parties intend to amend Sections 1, 2, 4, and 7 of the Agreement as set forth in this First Amendment.
NOW, THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agrees as follows:
1. Section 1, entitled “Consideration and Compensation” is hereby amended to read as follows:
A. As partial consideration, CONSULTANT agrees to perform the work listed in the SCOPE OF SERVICES, attached as Exhibit A and Exhibit B; B. As additional consideration, CONSULTANT and CITY agree to abide by the terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONSULTANT an amount not to exceed $61,500, for CONSULTANT’s services, unless otherwise specified by written amendment to this Agreement.
D. No additional compensation shall be paid for any other expenses incurred, unless first approved by the City Manager or his designee.
E. CONSULTANT shall submit to CITY, by not later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the 2 previous month. CITY shall pay CONSULTANT all uncontested amounts set forth in the CONSULTANT'S bill within 30 days after it is received.
2. Subsection A of Section 2, entitled “Scope of Services” is hereby amended to read as follows:
CONSULTANT will perform the services and activities set forth in the SCOPE OF SERVICES attached hereto as Exhibit A and Exhibit B incorporated herein by this reference. If any part of Exhibit A or Exhibit B is inconsistent with the terms of this Agreement, the terms of this Agreement shall control.
3. Section 4, entitled “Time of Performance” is hereby amended to read as follows:
The services of CONSULTANT are to commence upon receipt of a notice to proceed from CITY and shall continue until all authorized work is completed to CITY’s reasonable satisfaction, in accordance with the schedule incorporated in “Exhibit A” and “Exhibit B,” unless extended in writing by CITY.
4. Section 7, entitled “TERM OF AGREEMENT” is hereby amended to read as follows:
The term of this Agreement shall commence upon execution by both parties and shall expire on June 30, 2026, unless earlier termination occurs under Section 11 of this Agreement, or extended in writing in advance by both parties.
5. EXHIBITS. The revised Scope of Work, supplementing Exhibit A in the Agreement, is attached here to as Exhibit B.
6. NO OTHER CHANGES. All terms, conditions, and other provisions of the Agreement, including all exhibits, not affected by the First Amendment shall remain in full force and effect.
7. ACCEPTANCE OF FACSIMILE OR ELECTRONIC SIGNATURES. The parties agree that this First Amendment to the Agreement will be considered signed when the signature of a party is delivered by facsimile transmission, scanned and delivered via electronic mail, or delivered using digital signature technology approved by City. Such facsimile or electronic signatures will be treated in all respects as having the same effect as an original signature.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the 23rd day of February 2026, at Lomita, California. 3 CITY OF LOMITA CONSULTANT
Andrew Vialpando
City Manager
By: Richard Bernard
Partner
ATTEST:
Kathleen Horn Gregory
City Clerk
Taxpayer ID No.
APPROVED AS TO FORM:
Trevor Rusin
City Attorney