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AMENDMENT NO. 3 <br />PROFESSIONAL SERVICES AGREEMENT <br />BETWEEN THE CITY OF EVERETT <br />AND RAINIER ENVIRONMENTAL LABO RA TORY <br />This Amendment No. 3 is dated for reference purposes December 1, 2022. 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 />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, 2022 to December 31, 2023. <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, 2023. <br />2.The Agreement is modified so that total compensation, including all services and <br />expenses, shall not exceed $89,950, adding $17,450 to Amendment No. 2 (dated <br />December 9, 2021) total amount of $72,500. <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 1s modified to reflect the <br />following increased charges per test: <br />Daphnia Acute Test -$700 <br />Fathead Minnow Test w/ CO2 -$950 <br />Mysid Shrimp Chronic Test -$1,900 <br />Topsmelt Chronic Test -$1,800