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Nancy Phillips CONTRACT AMENDMENT THE UNDERSIGNED, as parties to that certain contract bearing the date of 6 June, 2000, being; NANCY PHILLIPS & ASSOCIATES, L.C. as "Consultant", and the City of Okeechobee, Florida, "City", enter into this second amended contract for services to be performed by consultant for the city; and it is agreed as follows: 1. Prior Agreements:The parties executed their original agreement for services by the consultant for the City on June 6, 2000, which was amended/assigned on October 3, 2000; both of which are incorporated hereinto by reference as if fully set out herein, and which terms remain binding on the parties to the extent not otherwise amended hereby. 2. Consideration:The parties acknowledge and agree that due to certain changed circumstances, parties, and events since the entry of the original agreements, that additional understanding and scope of work to be performed by the consultant must be set forth, and which changes and additional work form sufficient consideration for entry into this amendment. 3. Scope of work:It is agreed that the consultant shall continue to represent the City in its endeavors to secure and obtain state and/or federal grant monies with which to construct an industrial park on city-owned industrial lands; said industrial park to be located in North East Okeechobee, and which grants currently include U.S. Department of Commerce, Economic Development Administration (EDA) Public Works and Development Facilities Program(s), as well as Economic Development Transportation Fund (EDTF); & State of Florida appropriation grant and a Rural Infrastructure Funding grant. The original contracts and agreements of the parties contemplated that the work would be performed in phases, with payment schedules set out for each phase of performance of the work by consultant. 4. Additional scope of work:Due to said changes, additions or deletions in the proposes project(s), it is necessary for the consultant to continue the administration of the aforesaid grant funding applications, which may include, but is not limited to, amendments to the grant applications; re-submission of certain factual material to the various funding agencies; further consulting and meetings as required with the personnel involved in the applications; amendments to project plans and/or industrial park configurations; attracting new or additional owners/tenants to the industrial park project; and generally a continuing consulting/grant administration process and to perform whatever task deemed necessary by consultant to fully complete, submit and administer the pending grant applications to their respective conclusion. 5. Additional compensation:It is agreed by the parties that the professional fees payable to consultant for performance of each of the phases contemplated in prior agreements is superceded by this amendment, and rescinded. For the revised considerations and agreements herein, the parties agree that the consultant shall perform all duties as set forth in all prior agreements incorporated herein, as well as the additional services set out herein, for a lump sum professional fee of $31,000.00, payable in the following manner: Commencing on the first of the month immediately following final execution of this agreement by all parties, Consultant shall invoice the City periodically, no sooner than a on monthly basis, for pro rata payment of professional services performed to the date of said billing. 6. Incorporation of agreements: It is agreed that the prior agreements and amendments thereto entered into by the parties for the named grant applications, particularly agreements dated June 6, 2000 and October 3, 2000, which terms are incorporated herein by reference as if fully set out herein, contain the balance of the agreement of the parties, and all such terms and conditions to the extent not otherwise modified herein remain in full force and effect and binding on the parties. IN WITNESS WHEREOF, the parties have agreed to this Amendment. CITY COUNCIL NANCY PHILLIPS & ASSOCIATES, L.C. CITY OF OKEECHOBEE E. Kirk, Mayor Nan¥ S. Phillips, President/CEO ',~TTESTED I~V: ATTESTED BY: Oitij of Okeechobee Office of the City Clerk December 4, 2003 Ms. Nancy Phillips Nancy Phillips and Associates, L.C. 7408 Edisto Drive Lake Worth, Florida 33467 RE: Economic Development Agreement Contract Amendment Dear Ms. Phillips: Enclosed herewith please find two Contract Amendment documents. This amendment was approved by the City Council on December 2, 2003. The City has executed both contracts. Please sign one original and return it to my office for the City's records. There is an enclosed self-addressed envelope. The other original is for your records. Should you require any additional information please contact my office at 863-763-3372 ext. 215. With best regards, I am Sincerely, , .,-~ Lane Gamiotea City Clerk Enclosure LG/ab cc: Bill Veach, City Administrator 55 S.E. Third Avenue · Okeechobee, Florida 34974-2903 · (863) 763-3372 · Fax: (863) 763-1686