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AMENDMENT NO. 1 <br />PROFESSIONAL SERVICES AGREEMENT <br />BETWEEN THE CITY OF EVERETT <br />AND BERK CONSULTING INC. <br /> <br /> This Amendment No. 1 is dated for reference purposes January 5, 2023. It is by <br />and between the City of Everett, a municipal corporation under the laws of the State of <br />Washington (“City”), and Berk Consulting Inc. (“Service Provider”). <br /> <br />RECITALS <br /> <br /> A. The City and Service Provider are parties to the Professional Services <br />Agreement dated January 5, 2021 (the “Agreement”). <br /> <br />B. The City and the Service Provider desire to extend the Agreement for one <br />additional year as allowed by Section 3 of the Agreement. <br /> <br />AGREEMENT <br /> <br />1. The parties agree to exercise the first Option Term. Accordingly, the Agreement <br />is extended for one year, which means that the Agreement shall be completed on <br />January 4, 2024. <br /> <br />2. Regardless of the date(s) on which this Amendment is signed by the parties, the <br />parties agree that the Agreement has been continuously in effect since January 5, <br />2021. <br /> <br />3. This Amendment may be signed in counterparts, each of which shall be deemed an <br />original, and all of which, taken together, shall be deemed one and the same <br />document. Execution of this Amendment by a party shall be legally valid and <br />effective by (i) executing a paper copy, (ii) execution by AdobeSign or DocuSign <br />or other e-signature method, or (iii) transmitting an executed copy by email or <br />otherwise in pdf format or other electronically scanned format. <br /> <br />4. All provisions in the Agreement shall remain in effect except as expressly <br />modified by this Amendment. This Amendment No. 1, while entitled an <br />“Amendment” for recordkeeping purposes, is only for exercising the first Option <br />Term and does not modify or otherwise amend the Agreement. <br /> <br />