Agmt25 Netto Planning Services Amendment No.1

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REV: 02-07-25 JB 7.3 Public Employees Retirement System (CalPERS): In the event that Consultant is determined by a court of competent jurisdiction or the Public Employees Retirement System (CalPERS) to be eligible for enrollment in CalPERS as an employee of City, Consultant will indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions of CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Consultant understand and agrees that persons used by Consultant to provide services under this Agreement is not, and will not be, eligible for memberships in, or any benefits from, any City group plan for hospital, surgical, or medical insurance, or for membership in any City retirement program, or for paid vacation, paid sick leave, or other leave, with or without pay, or for any other benefit which accrues to a City employee. 4. All other provisions of the Agreement will remain in full force and effect. 5. All requisite insurance policies to be maintained by Consultant pursuant to the Agreement will include coverage for this Amendment No. 1. 6. The individuals executing this Amendment No. 1 and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Amendment No. 1. 7. If all Parties agree, electronic signatures may be used in place of original signatures on this Amendment No. 1. Each Party intends to be bound by the signatures on the electronic document, is aware that the other Parties will rely on the electronic signatures, and hereby waives any defenses to the enforcement of the terms of this Amendment No. 1 based on the use of an electronic signature. After all Parties agree to the use of electronic signatures, all Parties must sign the document electronically. (Signature page follows) ATTY/AGR.2025/Amend. No.1/Netto Planning Services, LLC (Amendment 1) (Page 2 of 4)