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AMENDMENT NO. 2 <br /> PROFESSIONAL SERVICES AGREEMENT <br /> BETWEEN THE CITY OF EVERETT <br /> AND RAINIER ENVIRONMENTAL LABORATORY <br /> This Amendment No.2 is dated for reference purposes December q,2021. It is by <br /> and between the City of Everett, a municipal corporation under the laws of the State of <br /> Washington ("City")and Rainier Environmental Laboratory ("Service Provider"). <br /> RECITALS <br /> • <br /> A. The City and Service Provider are parties to the Professional Services <br /> Agreement dated July 10, 2018 (the "Agreement"). The Water Pollution Control Facility <br /> continues to need laboratory testing and services related to Whole Effluent Toxicity <br /> Bioassays. Testing ensured compliance with various regulatory requirements and the <br /> Department of Ecology's NPDES Discharge Permit. This agreement raises total <br /> expenditures to allow for an additional year of testing. <br /> B. The City and the Service Provider desire to amend the Agreement for the <br /> purpose of extending the completion date from December 31,2021 to December 31,2022. <br /> AGREEMENT <br /> The City and Service Provider agree as follows: <br /> 1. The Agreement is modified so that time of beginning and completion are as follows: <br /> Time of Beginning and Completion of Performance: This Agreement shall <br /> commence as of the date of execution of this Agreement and shall be <br /> completed by December 31, 2022. <br /> 2. The Agreement is modified so that total compensation, including all services and <br /> expenses,shall not exceed$72,500,adding$25,000 to the Amendment No.2(dated <br /> September 21; 2020)total amount of$47,500. <br /> 3. 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 July 10, <br /> 2018. <br /> 4. Paragraph 4.B. (Compensation). of the agreement is modified to reflect the <br /> following increased charges per test: <br /> Daphnia Acute Test- $650 <br /> Fathead Minnow Test w/CO2 - $900 <br /> Mysid Shrimp Chronic Test - $1,800 <br /> Topsmelt Chronic Test-$1,700 <br /> DMRQA- $200 <br /> 5. This Amendment may be signed in counterparts, each of which shall be deemed an <br />