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038-21 - Katy Isaksen and Associates - Contract Amendment 2DocuSign Envelope ID: E595EDD9-8511-4330-B459-A83563357029 Amendment No. 2 to Contract No. 038-21 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH Katy Isaksen and Associates THIS SECOND AMENDMENT to Contract No. 038-21 ("Amendment") is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and Katy Isaksen and Associates ("Consultant"), a Washington sole proprietorship. City and Consultant are each a "Party" and together "Parties" to this Amendment. The Parties hereby agree as follows: RECITALS: WHEREAS, on March 23, 2021, the City executed an Agreement with Katy Isaksen and Associates, for professional services in connection with 2021 Utility Financial Program project ("Underlying Agreement"); and WHEREAS, on November 15, 2021, Amendment No. 1 was executed by the Public Works Director, extending the underlying agreement's termination date to December 31, 2022 but not increasing the contract amount; and WHEREAS, Section 4 (compensation) of the Underlying Agreement, as amended, provides that compensation for these services shall not exceed $28,000 without written authorization, and will be based on the list of billing rates and reimbursable expenses attached to the Underlying Agreement, as amended, as Exhibit "1"; and WHEREAS, continuing services for the 2021 Utility Financial Program are required by the City that will exceed the current value of the Underlying Agreement; and WHEREAS, the Consultant and the City have conferred and agreed to increase the "Time and Materials Not to Exceed" amount of the agreement from $28,000 to $46,000 in anticipation of the additional work to conclude the Program; and WHEREAS, the parties wish to memorialize their agreement and so modify the Underlying Agreement; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: SECOND AMENDMENTTO AGREEMENT: 1. Amendment. Section 4 of the Agreement is hereby amended to read as follows: Amendment No. 2 to Agreement between City of Port Orchard and Katy Isaksen and Associates Contract No. 038-21 Page 1 Updated 4/2022 IBDR DocuSign Envelope ID: E595EDD9-8511-4330-B459-A83563357029 4. Compensation. 9 TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $46,000.00, inclusive of all amounts paid prior to the execution of Amendment No. 2 to this Agreement. without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "1." 2. Severability. The provisions of this Amendment are declared to be severable. If any provision of this Amendment is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. 3. Entire Agreement. The written provisions and terms of this Amendment shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto, any prior executed amendments and this Amendment. Should any language in any of the Exhibits to the Agreement or prior amendments conflict with any language contained in this Amendment, then this Amendment shall prevail. Except as modified by this Amendment, all other provisions of the original Agreement and any amendments thereto not inconsistent with this Amendment shall remain in full force and effect. 4. Effective date. This Amendment shall be effective as of June 28, 2022. DATED this 28th day of June 2022. CITY OF PORT ORCHARD, WASHINGTON FDocuSigned by: obtJ' - �iA�ataln sIUA Robert Putaansuu, Mayor ATTEST/AUTH ENTICATED CONSULTANT f! Signature Printed N me and Titlen�2 1 y er< PdR Q� �•r�f. APPROVED AS TO FORM: `C •'_�' F`� DocuSigned by: ti'� _ 4J — A Charlotte A. Archer, City Attorne}�'•,'y,*ti;9E• • Cs,�` Amendment No. 2 to Agreement between City of Port Orchard and Katy Isaksen and Associates Contract No. 038-21 Page 2 Updated 4/20221BDR DocuSign Envelope ID: E595EDD9-8511-4330-B459-A83563357029 CITY OF PORT ORCHARD Authorization for Amendment No. 2 Date: June 28,2022 Project: 2021 Utility Financial Program Contract / Job # C038-21 Contractor: Katy Isaksen and Associates PO Box3800M 3 Seattle, WA 98113 This amendment authorizes a "Time and Materials Not to Exceed" increase to the Agreement C038-21 Section 4 Compensation is amended to read: TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $46,000, inclusive of all funds paid prior to the execution of Amendment 2 to this Agreement, without written authorization and will be based on the list of billing rates and reimbursable expenses attached to the underlying agreement as Exhibit "1". The increase is for continued development of the Utility Financial program and continued support for presentations Committee/Council Contract History Amount Sales Tax Total Date Appvd b riginal Contract $28,C00.00 $0.00 $28,000.00 23-Mar-21 council mendment 1 $0.00 $0.00 $0.00 15-Nov-21 Pw Director rnendment 2 $18,000.00 $0.00 $18,000.00 28-Jun-22 Council Contract $46,000.00 $0.00 $46,000.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. 1 {A _ Contractor Approval Signature Printed Name & Title Public ks Direct it�-ngji er MARK R. DORSEY, P.E. Printed Name Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract Approved amount established by City Council can be approved by the Public Works Director. Change Orders that do not exceed 10%, with a maximum of Attest: $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. DocuSigned by: I�o(�c,v�- �i�atavt,sttiu. DUEra .. City Clerk ���NSllUlililry11 ,��,,•o� ?ORr Q June 28, 2022 .��. �RP0R�•.fy�-, _ T �. Council Approval Date o ;0 = y S E`A.L '