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HomeMy WebLinkAboutEPC IT Solutions - 2015 Agreement - Amendment No. 5Fifth AMENDMENT TO AGREEMENT FOR SERVICES WHEREAS, the City of Gilroy, a municipal corporation ("City"), and EPC IT Solutions Inc. entered into that certain agreement entitled AGREEMENT FOR SERVICES, effective on July 13, 2015, hereinafter referred to as "Original Agreement"; and WHEREAS, City and EPC IT Solutions Inc. entered into the first amendment to the Original Agreement, effective on December 14, 2015; WHEREAS, City and EPC IT Solutions Inc. entered into the second amendment to the Original Agreement, effective on May 24, 2016; WHEREAS, City and EPC IT Solutions Inc. entered into the third amendment to the Original Agreement, effective on February 7, 2017; WHEREAS, City and EPC IT Solutions Inc. entered into the fourth amendment to the Original Agreement, effective on August 8, 2018; WHEREAS, City and EPC IT Solutions Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement, consistent with the Statement of Work enclosed herewith providing for additional work and services totaling $48,250.00. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: I. ARTICLE 1. TERM OF AGREEMENT, of the Original Agreement shall be amended to read as follows: "This agreement will continue in effect through June 30, 2020 unless terminated in accordance with the provisions of Article 7 of this Agreement." 2. ARTICLE 4. COMPENSATION, Section A. Consideration, of the Original Agreement shall be amended to read as follows: "In no event however shall the total compensation paid to CONSULTANT exceed $829,490.00." 3. Exhibit "B" ("Scope of Services") of the Original Agreement, shall be removed and replaced with the attached Exhibit "B". 4. This Amendment shall be effective on October 23, 2019. 5. 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. 6. 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. CITY OF GILROY EPC IT Solutions Inc. 4829-4654-6345vl CCW04706083 By: ,/ \� _ By: [signature [signature] Gabriel A. Gonzalez Scott Cornell [employee name] [name] City Administrator Director of Sales [title/department] [title] Date: ,Z Z% ��pZ� Date: 10.9.19 n Approved as to Form ATTEST: if City Attorney Cit}� erk 4829-4654-6345vl CCHU104706083