FIRST AMENDMENT TO AGREEMENT WITH THIRKETTLE CORPORATION DBA
AQUA-METRIC SALES COMPANY
THIS FIRST AMENDMENT to the above-referenced agreement is entered into on July 16, 2024, by and between Thirkettle Corporation, doing business as Aqua-Metric Sales Company (“Contractor”) and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”).
RECITALS
A. On November 17, 2020, the parties entered i nto A greement No. A-2020-231 (“Agreement”) to provide and install a fully functioning Advanced Metering Infrastructure (AMI)/ Meter Data Management (MDM) system, and re lated software and services. The total compensation under the Agreement was $29,683,229.61, which included $1.5 million as a contingency fund.
B. During the course of the Agreement, the age and condition of the City’s w ater system infrastructure has resulted in additional expenses beyond the antic ipated scope of the original Agreement, requiring additional funds.
C. The parties now wish to amend the Compensation section in the Agreement to increase the total compensation under the Agreement by $6,000,000, including replenishment of the contingency fund ($1.5 million). No other changes are contemplated b y t his First Amendment.
The Parties therefore agree:
1. Section 2.a., Compensation, is amended to read as follows:
City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Parts, Material & Pricing - Appendix A. The total amount to be expended under this Agreement, including any contingency funds, shall not exceed $35,683,229.61 during the term of this Agreement, including any extension periods exercised under Section 3.
2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect.
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EXHIBIT 1
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above.
ATTEST CITY OF SANTA ANA
_______________________________ ______________________________ JENNIFER L. HALL ALVARO NUÑEZ
City Clerk Acting City Manager
APPROVED AS TO FORM CONTRACTOR
Sonia R. Carvalho
City Attorney
By: ___________________________ _______________________________ Kyle Nellesen Tommy Thirkettle
Assistant City Attorney President/CEO
RECOMMENDED FOR APPROVAL
________________________________
Nabil Saba
Executive Director
Public Works Agency
Nabil Saba
Digitally signed by Nabil Saba
Date: 2024.07.09 15:09:26
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