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094-20 - Farallon Consulting - Grette Assoc. - Contract Amendment 3DocuSign Envelope ID: 067C19B7-7CD0-4D62-9619-2320852EA3D2 Amendment No. 3 to Contract No. 094-20 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH GRETTE ASSOCIATES LLC THIS AMENDMENT to Contract No. 094-20 ("Amendment") is made effective as of the 271h day of February 2024, by and between the City of Port Orchard ("City), a municipal corporation, organized under the laws of the State of Washington, and Grette Associates LLC, a limited liability company organized under the laws of the State of Washington, located and doing business at 2709 Jahn Ave NW, STE H5, Gig Harbor, WA 98335 ("Consultant"). RECITALS: A. On December 31, 2020, the City executed a Professional Service Agreement with Consultant for the provision of On -call Consulting Services ("Agreement"). B. The City adopted Amendment No. 1 and Amendment No. 2 to the Agreement to extend the term of the Agreement through December 31, 2024, and to update the rates for services. C. The Consultant has notified the City that it has been acquired by Farallon Consulting, LLC, an environmental and engineering consulting firm with offices in Washington, Oregon and California ("Farallon Consulting"), which has broadened the range of services available to clients. D. Section 13 of the Agreement provides that Consultant shall not assign the contract without express written consent of the City. E. The Consultant and Farallon Consulting have requested that the City consent to the assignment of the Agreement, as amended, to Farallon Consulting. F. Pursuant to the Agreement, the City desires to consent to the request for assignment and memorialize this change to the Agreement. THIRD AMENDMENT TO AGREEMENT: In consideration of the mutual benefits accruing, the parties agree as follows: 1. Assignment. The City hereby consents to the assignment of the Agreement, as amended by Amendment No. 1 and Amendment No. 2, from Grette Associates LLC to Farallon Consulting, LLC. 2. Amendment. Section 14 of the Agreement is hereby amended to read as follows: 14. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following address: Robert Putaansuu Farallon Consulting, LLC DocuSign Envelope ID: 067C19B7-7CD0-4D62-9619-2320852EA3D2 Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 Contracts Department 975 5th Avenue Northwest Issaquah, WA 98027 Phone: 425.295.0800 3. Agreement in effect. In all other respects, the Agreement, as amended by Amendment No. 1 and Amendment No. 2, shall remain in full force and effect, amended as set forth herein, but only as set forth herein. 4. 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. 5. 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. 6. Effective date. This Amendment shall be effective as of February 27, 2024. DATED this 27th day of February 2024. DocuSign Envelope ID: 067C19B7-7CD0-4D62-9619-2320852EA3D2 CITY OF PORT ORCHARD, WASHINGTON DocuSigned by: €3�5�4zB... Robert Putaansuu, Mayor ATTEST/AUTHENTICATED by: F�DOCUSigned a�n UJAUL Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: DocuSigned by: 255�0@57... Charlotte A. Archer, City Attorney CONSULTANT F- l'DocuSigned by: ll&W Si Glenn Grette principal Printed Name and Title