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052-20 - Sound Benefit Administration - Contract Amendment 1DocuSign Envelope ID: 77F5F89C-4330-4117-A788-61088F983560 Amendment No. 1 to Contract No. 052-20 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH SOUND BENEFIT ADMINISTRATION THIS AMENDMENT No.1 ("Amendment") to Contract No.052-20 is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and Sound Benefit Administration ("Consultant") whose principal office is located at 18887 State Hwy 305, #600, Poulsbo. Washington 98370. City and Consultant are each a "Party" and together "Parties" to this Amendment. RECITALS: WHEREAS, the Parties hereto previously entered into Contract No. 052-20 ("Agreement") for professional services, for a period of one year ending December 31, 2020; and WHEREAS, a three one-year extensions were executed as provided for in the Agreement, extending the Agreement through December 31, 2023; and WHEREAS, the City has determined that it is in the best interests of the City to extend the Agreement with the Consultant for an additional three years; and WHEREAS, it is understood that the rates charged by the Consultant remain as provided for in the original Agreement; and WHEREAS, either Party may terminate the contract by providing notice as outlined in the original Agreement; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the Parties thereto as follows: THIRD AMENDMENT TO AGREEMENT: 1. Extension of Agreement. This Agreement shall commence upon mutual execution and shall terminate on December 31, 2026 ("Termination Date'), unless terminated sooner by either Party as provided herein, provided the City shall have the right to extend the Agreement beyond the Termination Date for three (3) additional one (1) year periods by written notice to the Consultant in advance of the Termination Date. Time is of the essence of this agreement in each and all of its provisions in which performance is required. Page 1 of 2 Amendment No. 3 to Agreement between City of Port Orchard and Summit Law Group Contract No. C046-20 DocuSign Envelope ID: 77F5F89C-4330-4117-A788-61088F983560 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 December 12, 2023. Except as expressly amended herein, the Agreement remains in full force and effect. DATED this 12th day of December 2023. CITY OF PORT ORCHARD, M. TON r Mayor Pro-Tem Robert Putaansuu, Mayor ATTEST/AUTHENTICATED: Z%V- Deputy City Clerk %randy Walla , CMC, City Clerk A &,,-,A: AS TO FORM: F29879 I !F-2662946;E Charlotte A. Archer, City Attorney CONSULTANT Signature a Marken, Business Associate Page 2 of 2 Amendment No. 3 to Agreement between City of Port Orchard and Summit Law Group Contract No. C046-20