Laserfiche WebLink
EXHIBIT 1 <br /> FIRST AMENDMENT TO AGREEMENT WITH THIRKETTLE CORPORATION DBA <br /> 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 I of 2 <br /> City Council 16 — 5 7/16/2024 <br />