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24-109.01BERKConsultingAnnexationStudy CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY AND BERK Consulting Spokane Valley Contract# 24-109.01 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged, City and the Consultant mutually agree as follows: 1. Purpose: This Amendment is for the Contract for the second phase of an annexation study to assess the fiscal sustainability of annexation areas and identify a consistent annexation strategy for the City by and between the Parties,executed by the Parties on June 4,2024,and which terminates on December 31,2024. Said contract is referred to as the"Original Contract"and its terms are hereby incorporated by reference. 2.Original Contract Provisions:The Parties agree to continue to abide by those terms and conditions of the Original Contract and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: The Original Contract is subject to the following amended provisions, which are attached hereto as Appendix"A". All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Contract, including any previous amendments thereto. 4. Compensation Amendment History: This is Amendment#_1_of the Original Contract. The history of amendments to the compensation on the Original Contract and all amendments is as follows: Date Compensation Original Contract Amount June 4,2024 $28,530.00 Amendment#1 September 3,2024 $2,760.00 Total Amended Compensation $31,290.00 The parties have executed this Amendment to the Original Contract this_ "KO 7-4 day of September,2024 CITY OF SPOKANE VALLEY: BERK CONSULTING: Jo Hohman By:Lisa Grueter City Manager Its:Authorized Representative APP O D TO • Offi o the Ci Attorney 1 APPENDIX"A" 1. Paragraph 3 (Compensation) of the Original Contract is hereby amended to change the total compensation paid from$28,530,to$31,290. Paragraph 3 of the Original Contract is amended to read as follows: City agrees to pay Consultant a flat fee of$28,530.00 31,290.00(which includes Washington State Sales Tax if any is applicable)as full compensation for everything done under this Agreement,as set forth in Exhibit B. Consultant shall not perform any extra,further,or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. The City agrees to pay up to $31,290 as full compensation for everything furnished and done under this contract, in accordance with the provisions outlined in the scope of work, as previously and/or presently amended. 2.The Scope of Work,(Exhibit A)of the Original Contract,is hereby amended as follows: 3.4 Compile a final report and presentation We will compile the work conducted over the entire project and provide a single,unified report as a project deliverable.We will coordinate a final review with city staff,and submit this report at the end of the project for future use by the city.This task will also include a presentation of the results to the city City Council in person on September 10, 2024. 3. Exhibit B Fee Proposal to the Original Contract is amended as shown in Exhibit 1 to this appendix A of this Amendment. 2 Exhibit 1 to Appendix A of Amendment#1,Amending Exhibit B Fee Proposal to the Original Contract. BERK Consulting Andrew Katherine Josh Linden Oliver Hirn Total Total Cost Bjorn Goetz Hours Associate Senior Senior Associate 11 Principal I Associate I Associate I 2024 Hourly Rate $210 $180 $180 $150 Task 1.Project startup and data collection 8 2 1 1 12 $2,370 Task 2.Evaluation of fiscal sustainabiiity of future annexation 16 32 8 40 96 $16,560 Task 3.Coordination of strategic annexation planning 8 44 8 24 66 $9400 12 20 64 $11,160 Total Estimated Hours 32 50 17 65 164 Cost(Hours*Rate) 4TM SPr000 $3,060 $9,750 $7,560 $9,720 Labor Subtotal ¢884.38 $30,450 Project Expenses $1,200 Project Total $31,290 3