SMART ENERGY SYSTEMS, INC. DBA SMART ENERGY WATER

Contract #2024086 Second Amendment Page 1 SECOND AMENDMENT TO AGREEMENT This Second Amendment to Agreement ("Second Amendment") is entered into this day of September 2024, by the City of Pleasanton ("City") and SMART ENERY 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, as amended by the First Amendment dated December 20, 2023, to add banking services and increase the compensation (collectively the "Agreement"); and Whereas, the parties desire to amend the Agreement by updating the insurance requirements. Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. Section 11 of the Agreement (“Insurance”) is amended to add subsection (c) to Section 11 of the Agreement and shall read as follows: 11. Insurance. During the term of this Agreement, Consultant shall maintain in full force and effect, at its own cost and expense, insurance coverages with insurers with an A.M. Best’s rating of no less than A:VII. Contractor shall have the obligation to furnish City, as additional insured, the minimum coverages identified below, or such greater or broader coverage for City, if available in the Contractor’s policies: a. General Liability and Bodily Injury Insurance. Commercial general liability insurance with limits of at least $2,000,000 combined limit for bodily injury and property damage that provides that the City, its officers, employees and agents are named as additional insureds under the policy as evidenced by an additional insured endorsement satisfactory to the City Attorney. The policy shall state in writing either on the Certificate of Insurance or attached rider that this insurance will operate as primary insurance for work performed by Consultant and its subconsultants, and that no other insurance effected by City or other named insured will be called on to cover a loss. b. Workers’ Compensation Insurance. Workers’ Compensation Insurance for all of Consultant’s employees, in strict compliance with State laws, including a waiver of subrogation and Employer’s Liability Insurance with limits of at least $1,000,000. c. Technology Consultant coverage requirements. Cyber Liability. Should Consultant provide technology or electronic products or activities, such as out of the box software or hardware, collecting data within City’s internal electronic network, Consultant shall provide evidence of Cyber Liability Insurance with limits not less than one million dollars ($1,000,000) per Docusign Envelope ID: 3DDFA9CE-559E-4B7B-A161-91D422F4B0BE