HomeMy WebLinkAboutSmart Utlity Systems - 2016 Agreement - Amendment No. 1FIRST AMENDMENT TO AGREEMENT WITH SMART UTILITY SYSTEMS
This First Amendment to the Agreement for Services ("First Amendment") is made and entered
into as of August 1, 2019 ("Effective Date"), by and between the City of Gilroy, a California municipal
corporation ("CITY"), and SMART UTILITY SYSTEMS ("CONTRACTOR").
WHEREAS, CITY and CONTRACTOR are parties to that certain Agreement for Services,
effective on August 1, 2016, hereinafter referred to as "Original Agreement"; and
WHEREAS, CITY and CONTRACTOR wish to extend the term of the Original Agreement;
and
WHEREAS, pursuant to CONTRACTOR's corporate entity change, CONTRACTOR wishes
to assign all rights, obligations, and liabilities under the Original Agreement to Smart Energy Systems,
Inc. dba Smart Energy Water, and City accepts such assignment; 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 foregoing recitals which are incorporated herein
by reference, and the mutual covenants and agreements set forth below, the parties hereto agree as
follows:
1. In the preamble to the Original Agreement, the description of the CONTRACTOR shall be
amended to read as follows:
"Smart Energy Systems, Inc. dba Smart Energy Water, having a principal place of business
at 19900 MacArthur Blvd., Suite 370, Irvine, CA 92612."
2. Article 1 (Term of Agreement) of the Original Agreement shall be amended to read as follows:
"This Agreement will become effective on August 1, 2016 and will continue in effect
through August 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."
3. 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
eonstruetion to -be-per-for-med-under-thi-s-A-gr-ee- m en-t-ar-e—subject to-an-y-C-ode-s OOrdi-nances,
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
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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.gov.
4. The signature block on page 8 of the Original Agreement shall be amended such that the
corporate entity name, "Smart Utility Systems," is removed and replaced with "Smart Energy Systems,
Inc. dba Smart Energy Water," and the Taxpayer Identification Number "47-5384753" is removed and
replaced with the number "46-0760246".
5. This Amendment shall be effective on August 1, 2019.
6. 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.
7. 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.
CONTRACTOR:
SMART ENERGY WATER
By:
/ [signature]
` tYASH NAK.A<w
j` [employee name]-
[title/department]
Date: j � 12, , 1 j 9
Approved as Ao Form:
PX
City Attorney
CITY:
CITY OF GGII(LROY
By: ! —
[signature]
Gabriel A. Gonzalez
[name]
City Administrator
[title]
Date:
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