SMART ENERGY SYSTEMS, INC - FOURTH AMENDMENT (#2024086)

SOFTWARE SERVICES AGREEMENT THIS SOFTWARE SERVICES AGREEMENT (“Agreement”) is entered into this day of June 2023, between the CITY OF PLEASANTON, a municipal corporation (“City”), and SMART ENERGY SYSTEMS, INC., dba Smart Energy Water a Delaware corporation whose address is 15495 Sand Canyon Avenue, Suite 100, Irvine CA 92618, and telephone number is 909.217.3344 (“Consultant”). RECITALS A.Consultant is qualified to and experienced in providing software for the City’s customer service web portal for the purposes specified in this Agreement. B.City finds it necessary and advisable to use the services of the Consultant for the purposes provided in this Agreement. NOW THEREFORE, in consideration of the mutual covenants and conditions in this Agreement, City and Consultant agree as follows: 1.Consultant’s Services. Subject to the terms and conditions set forth in this Agreement, Consultant shall diligently provide to City the services described in Exhibit A. Consultant shall provide said services at that time, place and in the manner specified in Exhibit A. At the City’s election during the term of this Agreement and with agreement of Consultant, City staff may administratively extend Consultant’s services, including reducing services required. 2.City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Consultant shall, at its sole cost and expense, furnish all facilities and equipment that may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit A according to the terms and conditions set forth in Exhibit A. 3.Terms. This contract shall commence on the date written above and shall expire on June 30, 2028, and as provided in the attached Order Form, Exhibit A. 4.Compensation. City shall pay Consultant for services rendered pursuant to this Agreement with as described more particularly in Exhibit A. Compensation for services and reimbursement for costs shall not exceed, the cumulative amount of $561,143 for the term of this Agreement, which includes a 15% contingency for unforeseen circumstances and related extra services as determined necessary by the City. Payment of such contingency funds is not guaranteed to Consultant unless the City requests such extra services. a.Upon completion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City. 22nd DocuSign Envelope ID: 6EE86165-D6F1-4646-9E79-5B5C46F230E7Docusign Envelope ID: 8554268A-3B16-47CD-A583-5329ACD47579