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Contract #2024086 <br /> <br />Third Amendment Page 1 <br />THIRD AMENDMENT TO AGREEMENT <br /> <br /> <br />This Third Amendment to Agreement ("Third Amendment") is entered into this ____ day of January <br />2025, by the City of Pleasanton ("City") and SMART ENERY SYSTEMS, INC., dba Smart Energy <br />Water ("Consultant”). <br /> <br />Whereas, on July 1, 2023, the City and Consultant entered into a Software Services Agreement <br />for providing software for the City’s Customer service web portal, as amended by the First Amendment <br />dated December 20, 2023, to add banking services and increase the compensation, and as amended by <br />the Second Amendment dated September 10, 2024, to add additional insurance requirements <br />(collectively the "Agreement"); and <br /> <br />Whereas, the parties desire to amend the Agreement due to the City upgrading its financial <br />platform in which Consultant must change the URL, Client ID and key (credentials) API to match the <br />2024 Tyler Munis System. <br /> <br />Now, therefore, in exchange for valuable consideration, the receipt of which is hereby acknowledged, <br />the parties agree as follows: <br /> <br />1. Section 1 of the Agreement (“Consultant Services”) is amended to expand its services as <br />further described in Exhibit C, Product Change Request (CR). <br /> <br />2. Section 4 of the Agreement (“Compensation) costs shall remain the same, with the <br />cumulative amount of $1,638,674 (as described in the First Amendment) for the duration <br />of the term of the Agreement. <br /> <br />2. This Third Amendment may be executed in multiple counterparts, each of which shall be <br />an original and all of which together shall constitute one agreement. Counterparts may <br />be delivered via facsimile, electronic mail (including pdf or any electronic signature <br />complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California <br />Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other <br />applicable law) or other transmission method, and any counterpart so delivered shall be <br />deemed to have been duly and validly delivered and be valid and effective for all <br />purposes. <br /> <br />3. All other terms and conditions of the Agreement shall remain in full force and effect. <br /> <br /> <br />In witness whereof, authorized representatives of the parties have executed this Third Amendment to the <br />Agreement as of the date and year first above written. <br /> <br />CITY OF PLEASANTON CONSULTANT – SMART ENERGY WATER <br /> <br />_____________________________ By: __________________________ <br />Gerry Beaudin, City Manager Signature <br /> __________________________ <br />      <br />   <br /> <br />  <br />   <br />Docusign Envelope ID: 68B2E883-C110-4576-BD1B-AD517865B205