1 FIRST AMENDMENT TO AGREEMENT
This First Amendment to Agreement (“ First Amendment”) is made and entered into by and between SDI PRESENCE LLC (“Consultant”), and the City of Anaheim , a municipal corporation (“Anaheim”). Consultant and Anaheim are also referred to individually as a “Party” and collectively as the “Parties.” This First Amendment takes effect on the date on which this First Amendment is fully executed by Anaheim.
RECITALS
1. The Parties previously entered into an agreement effective October 28 , 2019 (“Agreement”), for Consultant to conduct a work and asset management needs assessment, solution and implementation procurement, and other project services for the Anaheim Public U tilities Department.
2. The Agreement was for an initial term of three (3) years with an option to extend one time for an additional two (2) years. By an extension letter dated August 1, 2022, the Parties exercised that extension option.
3. To allow continuity of Consultant’s services to support ongoing projects, t he Parties wish to amend Section 2 of the Agreement to extend the term for an additional three (3) years ending on October 27, 2027, with an option to extend the term one time for two (2) years so that the extended term ends on October 27, 2029.
4. The Parties also wish to amend Section 4 of the Agreement to increase the Contract Amount by Two Million Dollars ($2,000,000), including all reimbursable costs, for Consultant’s services rendered during the term as extended by this First Amendment. The scope of services remains unchanged.
NOW, THEREFORE, i n consideration of the mutual promises and covenants contained in this First Amendment, the Parties agree as follows:
1. Section 2 of the Agreement, entitled “TERM,” shall be deleted in its entirety and replaced with the following:
“The term of this Agreement (“Term”) shall commence on the Effective Date (October 28, 2019), and shall terminate on October 27, 2027 (“Initial Term”) , unless either terminated earlier as set forth in Section 25 of the Agreement or extended pursuant to this Section 2. The General Manager is authorized to extend the term of this Agreement one time for an additional two years (“Extension Term”). The Initial Term and Extension Term are co llectively referred to in this Agreement as the “Term.””
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2 2. Subsections 4.1, 4.2, and 4.3 of Section 4 of the Agreement, entitled “ COMPENSATION,” shall be deleted and replaced with the following:
“4.1 ANAHEIM shall pay CONSULTANT for the Services rendered pursuant to this Agreement.
4.1.01 For Services rendered through and including October 27, 2024, ANAHEIM shall pay CONSULTANT in accordance with Exhibit B , which is attached hereto and incorporated by reference.
4.1.02 For Services rendered from October 28, 2024, through and including October 27, 2027, ANAHEIM shall pay CONSULTANT in accordance with Exhibit B -1, which is attached hereto and incorporated by reference.
4.1.03 If the Term is extended, th en the General Manager and CONSULTANT may , by letter agreement rather than a formal amendment, agree upon fees and costs applicable to the Extension Term.
4.1.04 Exhibit B, Exhibit B-1, and any addendum establishing fees and costs applicable to the Extension Term, are collectively referred to as the Schedule of Compensation.
4.2 CONSULTANT may only be reimbursed for the following out of pocket expenses: travel costs, including transportation, lodging, and meals for CONSULTANT resources who reside further than 100 miles from Anaheim West Tower located at 201 S. Anaheim Blvd., Anaheim, CA 92805. CONSULTANT shall not be reimbursed for any such reimbursable expenses unless the expenses are first authorized in writing by the General Manager or designee. Reimbursable expenses shall not exceed Seventy Thousand Dollars ($70,000.00) (“Reimbursement Amount”). Any unused portion of the Reimbursement Amount may be allocated, at ANAHEIM’s sole discretion, for any of the Services.
4.3 The Parties agree that full and complete payment for all Services provided in accordance with this Agreement, including, but not limited to, the Reimbursement Amount and subconsultant fees, if any, shall not exceed Two Million Four Hundred and Eighty -Five Thousand and Three Hundred D ollars ($2,485,300.00), except for any increases authorized pursuant to Section 4.4.
3. Exhibit B-1, attached to this First Amendment, reflects the rates applicable to services rendered in each fiscal year.
4. Either or both Parties may execute this Agreement via DocuSign, and such signatures shall be considered valid and binding as if handwritten.
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4 EXHIBIT B-1
Hourly Rate by Fiscal Year
Resource Type 2024/25 2025/26 2026/27 2027/28 2028/29 2029/30 Senior Project Manager $195 $205 $215 $225 $235 $235
Project Manager $160 $168 $176 $185 $195 $195
Change Manager $195 $205 $215 $225 $235 $235
Senior Business Analyst $140 $147 $155 $163 $172 $172
Business Analyst $110 $115 $120 $125 $130 $130
User Acceptance Testing
Analyst
$110 $115 $120 $125 $130 $130
Documenter $90 $95 $100 $105 $110 $110
Senior Data Conversion
Analyst
$195 $205 $215 $225 $235 $235
Data Conversion Specialist $140 $147 $155 $163 $172 $172 Senior Programmer $160 $168 $176 $185 $195 $195
Programmer $110 $115 $120 $125 $130 $130