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003-23 - KEDA - Contract Amendment 1DocuSign Envelope ID: C198EBCF-2852-4D00-9FD1-57B203C2FB6B Amendment No. 1 to Contract No. 003-23 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH KITSAP ECONOMIC DEVELOPMENT ALLIANCE THIS AMENDMENT No. 1 to Contract No. 003-23 ("Amendment") is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and Kitsap Economic Development Alliance, a Washington, a non-profit corporation, ("Consultant"). City and Consultant are each a "Party" and together "Parties" to this Amendment. RECITALS: WHEREAS, on the December 21, 2022, the City executed a Consultant Services Agreement for Economic Development Services with the Consultant ("Underlying Agreement"); and WHEREAS, the Agreement needs to be amended to adjust the 2024 compensation to $20,000, rather than $10,000; and WHEREAS, the Finance department has identified and has made a budget amendment to reflect the additional funding; and NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: FIRST AMENDMENT TO AGREEMENT: 1. Amendment. Section 2 of the Agreement is hereby amended to read as follows: 2. Compensation. ❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum of $ ❑ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $ without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." x OTHER: Quarterly invoices in an amount up to $2,500, for a total amount not to Amendment No. 1 to Agreement between City of Port Orchard and KEDA Contract No. 003-23 Page 1 Updated 4/2022 IBDR DocuSign Envelope ID: C198EBCF-2852-4D00-9FD1-57B203C2FB6B exceed $10,000 for the year 2023 and Quarterly invoices in an amount up to $5,000 for a total amount not to exceed $20,000 for the year 2024 (2023: $10,000 and 2024: $20, 000) 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 January 1, 2024. DATED this 13th day of June 2024. CITY OF PORT ORCHARD, WASHINGTON EDocuSigned by: 9obt*f PlMMA&Wu , —,5bVu-4VzL-s-0tSaru ... Robert Putaansuu, Mayor ATTEST/AUTHENTICATED: DocuSigned by: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: DocuSigned by: Charlotte A. Archer, City Attorney Kitsap Economic Development Alliance DocuSigned by: �bt, �l.bV'V'lSbin, ereasoss� Joe Morrison, Executive Director Amendment No. 1 to Agreement between City of Port Orchard and KEDA Contract No. 003-23 Page 2 Updated 4/2022 IBDR