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FIRST AMENDMENT TO AGREEMENT TO PERFORM NON-PROFESSIONAL <br />SERVICES <br />This first amendment ("First Amendment") to the agreement for implementing an <br />automated metering infrastructure system ("Agreement"), dated June 21, 2022, by and between <br />the City of Redlands, a municipal corporation and a general law city ("City"), and Ferguson <br />Enterprises, LLC, a Virgina limited liability company ("Contractor"), is made and entered into this <br />21 st day of May, 2024. <br />RECITALS <br />WHEREAS, it is the desire of the City and Contractor to amend Article 4.2 of the <br />Agreement to allow for a second one-year extension and total compensation in Article 5, Section <br />5.1 to encompass total compensation for Initial and Extended Terms; <br />NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby <br />acknowledge City and Contractor agree as follows: <br />AGREEMENT <br />Section 1. Section 4.2 of the Agreement, titled "Performance of Services," is hereby <br />amended to read as follows: <br />"4.2 The term of this Agreement shall be for a period of one (1) year from the Effective Date of <br />this Agreement (the "Initial Term"). The City shall have the option to extend the Initial <br />Term of this Agreement by two (2) additional one-year periods (the "Extended Terms"), <br />on the same terms and conditions, by providing written notice to Contractor at least thirty <br />(30) days prior to the expiration of the Initial Term and subsequently, at least thirty (30) <br />days before any Extended Term. The Initial Term and the Extended Terms are hereby <br />collectively, referred to herein as the "Term" of this Agreement." <br />Section 2. Article 5, entitled "Payments to Consultant," Section 5.1 of the Agreement, is <br />hereby amended to read as follows: <br />"5.1 The compensation for Contractor' s performance of the Services shall not exceed the <br />amount of Seven Hundred Eighty -Three Thousand Three Hundred Fifty -Six Dollars and <br />Ninety -Six Cents ($783,356.96) for the Services provided during the Initial Term and <br />Extended Terms. For the Initial Term and the Extended Terms, City shall pay Contractor <br />on a time and materials basis up to the not -to -exceed amount in accordance with the unit <br />prices specified in Exhibit "C" titled "Bidder' s Rate Sheet," which is attached to hereto <br />and incorporated herein by reference." <br />Section 3. All other provisions of the Agreement shall remain unchanged by this First <br />Amendment and in effect. <br />1 <br />I:\cmo\Agreements\First Amendment Ferguson Enterprises, LLC FY23-0083.docx-ms <br />