Docusign Envelope ID: C5A8F627-A0 79-41 F4-AFEB-0678D8C 2B1 E1 Ebix Insurance No. S200004196
AMENDMENT NO. 4
TO THE AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANTA CLARA, CALIFORNIA,
AND
SMART ENERGY SYSTEMS, INC.
PREAMBLE
This Amendment No. 4 is entered into between the City of Santa Clara, California , a chartered California municipal corporation (City) and Smart Energy Systems, Inc., a Delaware corporation ("Contractor") . City and Contractor may be referred to individually as a "Party" or collectively as the "Parties."
RECITALS
A. The Parties previously entered into an agreement entitled "Agreement for Services between the City of Santa Clara, California and Smart Energy Systems, LLC", dated December 22, 2018 ("Agreement") for the purpose of having Contractor provide a cloud-hosted Customer Self-Service Portal; B. The Agreement was amended by Amendment No. 1, dated November 10, 2021, Amendment No 2, dated June 30, 2023, and Amendment No. 3, dated December 5, 2023, and is again amended by this Amendment No. 4. The agreement as amended and all previous amendments are collectively referred to herein as the "Agreement as Amended"; and
C. The Parties now wish to amend the Agreement as Amended to extend the term through March 31, 2025.
NOW, THEREFORE, the Parties agree as follows:
AMENDMENT TERMS AND CONDITIONS
1. Section 2 of the Agreement as Amended, entitled "Term of Agreement", is amended to read as follows:
A. Term. Unless otherwise set forth in this Agreement or unless this paragraph is subsequent ly modified by a written amendment to this Agreement, the term of this Agreement shall commence on December 11, 2018 and terminate on March 31, 2025 (Initial Term), inclusive, subject to the provisions of Section 7 (Termination) .
B. Options to Extend. After the Initial Term, the City reserves the right, at its sole discretion, to extend the term of this Agreement for additional one-year Amendment No. 4 to Agreement/Smart Energy Systems , Inc.
Rev. 12/20/2024
Docusign Envelope ID: C5A8F627-A079-41 F4-AFEB-0678D8C2B1 E1 terms ("Option Periods") based on the same terms and conditions, subject to compensation adjustments as set forth in First Revised Exhibit B and appropriation of funds.
The Parties acknowledge and accept the terms and conditions of this Amendment No. 4 as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANTA CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form:
GLEN R. GOOGINS
City Attorney
Dated: 1 / q / Z-(
c+~~ ,/·"JOV-A~ 9R0,9ANX
, ,"/ /
~ e 1ty Manager
"CITY"
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone : (408) 615-2210
Fax: (408) 241-6771
SMART ENERGY SYSTEMS, INC
A Delaware corporation
12/23/2024
Dated :
By (Signature): ------- - -----------
Name: Harman Sandhu
Title: President
Principal Place of 15495 Sand Canyon Ave., Suite 100
Business Address: Irvine, CA 92618 - ----'--- --------------- Em a i I Address: Harman.sandhu@sew .ai
Telephone: (909) 217-3344
Fax: (909) 614-7215
"CONTRACTOR"
Amendment No. 4 to Agreement/Smart Energy Systems, Inc.
Rev. 12/20/2024