2021/05/12 Council Agenda Packet

AMENDMENT NO. 2 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF EVERETT AND NELSON\NYGAARD CONSULTING ASSOCIATES This Amendment No. 2 is dated for reference purposes April 30, 2021. It is by and between the City of Everett, a municipal corporation under the laws of the State of Washington ("City") and Nelson\Nygaard Consulting Associates, Inc. ("Service Provider"). RECITALS A. The City and Service Provider are parties to the Professional Services Agreement dated April 2, 2020, as amended (the "Agreement"). B. The City and the Service Provider desire to amend the Agreement for the purpose of extending the agreement. AGREEMENT The City and Service Provider agree as follows: 1. The Agreement is modified so that time of beginning and completion are as follows: Time of Beginning and Completion of Performance: This Agreement shall commence as of the date of execution of this Agreement and shall be completed by June 15, 2021. 2. All other terms of conditions of the Agreement shall remain unchanged. 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 April 2, 2020. 4. This Amendment may be signed in counterparts, each of which shall be deemed an original, and all of which, taken together, shall be deemed one and the same document. 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.