Mission Control Company - SCADA Support (2016) - Amendment No. 1FIRST AMENDMENT TO AGREEMENT WITH MISSION CONTROL CO. TO PROVIDE
ONGOING SUPPORT FOR THE CITY SCADA SYSTEM
This First Amendment to the Agreement for Services ("First Amendment") is made and entered
into as of July 1, 2019 ("Effective Date"), by and between the City of Gilroy, a California municipal
corporation ("CITY"), and Mission Control Co. ("CONTRACTOR").
WHEREAS, CITY and CONTRACTOR are parties to that certain Agreement for Services,
effective on July 1, 2016, hereinafter referred to as "Original Agreement"; and
WHEREAS, CITY and CONTRACTOR have determined it is in their mutual interest to amend
certain terms of the Original Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below
and for other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties hereto agree as follows:
1. Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows:
"This Agreement will become effective on July 1, 2016 and will continue in effect through July
1, 2021, unless terminated in accordance with the provisions of Article 7 of this Agreement.
Any lapse in insurance coverage as required by Article 5, Section D of this Agreement shall
terminate this Agreement regardless of any other provision stated herein."
2. Article 5, Section G shall be added to read as follows:
G. Prevailing Wage
CONTRACTOR agrees and acknowledges that it is its obligation to determine whether, and to
what extent, any work performed is or any workers employed relative to any construction to be
performed under this Agreement are subject to any Codes, Ordinances, Resolutions, Rules and
other Regulations and established policies of CITY and the laws of the State of California and
the United States, including, without limitation, the California Labor Code and Public Contract
Code relating to public contracting and prevailing wage requirements ("Prevailing Wage
Laws"). To the extent Prevailing Wage Laws apply to work performed or workers employed
for the purpose of performing work under this Agreement, CONTRACTOR shall fully comply
with and ensure that all workers and/or subcontractors are informed of and comply with all
Prevailing Wage Laws and specifically any applicable requirement of California Labor Code
Sections 1720 et seq. and 1770 et seq. and the regulations thereunder, which require the
payment of prevailing wage rates based on labor classification, as determined by the State of
California, and the performance of other requirements on certain "public works" or
"maintenance" projects. It is the duty of CONTRACTOR to post a copy of applicable
prevailing wages at the job site. Prevailing wage information may be obtained at
www.dir.ca.Rov.
3. This Amendment shall be effective on July 1, 2019.
4. Except as expressly modified herein, all of the provisions of the Original Agreement shall
remain in full force and effect. In the case of any inconsistencies between the Original Agreement and
this Amendment, the terms of this Amendment shall control.
5. This Amendment may be executed in counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the
dates set forth besides their signatures below.
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CONTRACTOR:
By: C,
[signature]
[employee ame]
[title/department]
Date: k L I Zd I
Approved as P
:
City Attorney
CITY:
CITY OF/G.ILROY
By: ✓ -�� -_
[signature] v
Gabriel A. Gonzalez
[name]
City Administrator
[title]
Date:/ 5 e�
ttest:
Yt
City Clerk`
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