SMART ENERGY SYSTEMS, INC. - Laserfiche WebLink

FIRST AMENDMENT TO AGREEMENT This First Amendment to Agreement ("First Amendment") is entered into this ____ day of December 2023, by the City of Pleasanton ("City") and SMART ENERGY SYSTEMS, INC., dba Smart Energy Water ("Consultant”). Whereas, on July 1, 2023, the City and Consultant entered into a Software Services Agreement for providing software for the City’s Customer service web portal ("Agreement"); and Whereas, the parties desire to amend the Agreement to add payment services. Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. The Parties agree that the first paragraph of Section 1 of the Agreement (“Consultant Services”) is hereby deleted in its entirety and replaced with the following quoted provision: “Subject to the terms and conditions set forth in this Agreement, Consultant shall diligently provide to City the services described in Exhibit A and Exhibit B. Consultant shall provide said services at that time, place, and manner specified in Exhibit A and Exhibit B.” 2. Section 4 of the Agreement (“Compensation”) costs shall not exceed, the new cumulative amount of $1,638,674 that reflects an increase based on the additional services in Exhibit B which will increase each fiscal year by the following amount for the five-year term: Increase of $250,000 for FY 2024/25 *Increase of $262,500 for FY 2025/26 *Increase of $275,625 for FY 2026/27 *Increase of $289,406 for FY 2027/28 Total Increase of $1,077,531 for Exhibit B services + $561,143 = $1,638,674 *Reflects a 5% increase from previous year 3. This First Amendment may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. 4. All other terms and conditions of the Agreement shall remain in full force and effect. In witness whereof, authorized representatives of the parties have executed this First Amendment to the Agreement as of the date and year first above written. 20th DocuSign Envelope ID: ECD87DF2-0011-4B03-98B4-83FFFE6EE4F0DocuSign Envelope ID: 2151E2A1-A7DD-4CDB-946C-16B728322856