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INSURANCE NOT ON FILE <br />WORK MAY NOT PROCEED <br />CITY CLERK <br />DATE: JUL 15 1014 <br />A-2024-100 <br />0 jW A Cz7 � FIRST AMENDMENT TO AGREEMENT WITH TBIRI KETTLE CORPORATION DBA <br />CLe`f L,pjgo AQUA -METRIC SALES COMPANY <br />THIS FIRST AMENDMENT to the above -referenced agreement is entered into on July 16, 2024, <br />by and between Thirkettle Corporation, doing business as Aqua -Metric Sales Company <br />("Contractor") and the City of Santa Ana, a charter city and municipal corporation organized and <br />existing under the Constitution and laws of the State of California ("City"). <br />RECITALS <br />A. On November 17, 2020, the parties entered into Agreement No. A-2020-231 <br />("Agreement") to provide and install a fully functioning Advanced Metering Infrastructure <br />(AMI)/ Meter Data Management (MDM) system, and related software and services. The <br />total compensation under the Agreement was $29,683,229.61, which included $1.5 million as a <br />contingency fund. <br />B. During the course of the Agreement, the age and condition of the City's water system <br />infrastructure has resulted in additional expenses beyond the anticipated scope of the <br />original Agreement, requiring additional funds. <br />C. The parties now wish to amend the Compensation section in the Agreement to increase the <br />total compensation under the Agreement by $6,000,000, including replenishment of the <br />contingency fund ($1.5 million). No other changes are contemplated by this First <br />Amendment. <br />The Parties therefore agree: <br />1. Section 2.a., Compensation, is amended to read as follows: <br />City agrees to pay, and Contractor agrees to accept as total payment for its services for <br />City, the rates and charges identified in Parts, Material & Pricing - Appendix A. The <br />total amount to be expended under this Agreement, including any contingency funds, shall <br />not exceed $35,683,229.61 during the term of this Agreement, including any extension <br />periods exercised under Section 3. <br />2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall <br />remain in full force and effect. <br />[signature page follows] <br />Page 1 of 2 <br />