2020/06/24 Council Agenda Packet

AMENDMENT NO. 1 CONTRACT#2018-009—JETTY ISLAND FERRY SERVICE BETWEEN THE CITY OF EVERETT AND ARGOSY LP This Amendment No. 1 is dated for reference purposes June 3, 2020. It is by and between the City of Everett, a municipal corporation under the laws of the State of Washington ("City")and Argosy LP("Service Provider"). RECITALS A. The City and Service Provider are parties to an Agreement for the provision of Ferry Service to Jetty Island dated May 14, 2019(the"Agreement"). B. The City and the Service Provider desire to amend the Agreement for the purpose of canceling Jetty Island Ferry Service for the 2020 season because of COVID-19. Because of that cancellation,the parties have agreed to extend the term of the Agreement until May 13,2030,which is an extension of one year. This provides for ten(10)years of service as originally awarded. AGREEMENT The City and Service Provider agree as follows: 1. Section 2 of the Agreement is modified to read as follows: Contract Term. The term of this Contract begins on May 14, 2019 and this Contract terminates on May 13, 2030. 2. The Work is modified to cancel Jetty Island Ferry Service for the 2020 season due to COV1D1 9. Service Provider will not receive compensation for this cancellation and will not receive compensation for the cancelled Work. 3. Regardless of the date(s) on which this Amendment is signed by the parties, the parties agree that the Agreement has been continuously in effect since May 14, 2019. 4. At the sole discretion of the City, the City may consent to the Service Provider's signature on this Amendment being by email,fax,pdf or other electronic means, in which case such Service Provider signature will be deemed an original signature for all purposes. The City will be deemed to have given such consent effective upon execution of this Amendment by the Mayor of the City. 5. All provisions in the Agreement shall remain in effect except as expressly modified by this Amendment. 6