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1 <br /> <br />Amendment No. 1 <br />Memorandum of Understanding Between the City of Everett and <br />the Evergreen Arboretum and Gardens <br /> <br /> <br />1. General. The Evergreen Arboretum and Gardens, a Washington <br />non-profit corporation (the “Arboretum Society”), and the <br />City of Everett (“City”) are parties to the Memorandum of <br />Understanding dated July 7, 2024 (the “MOU”), regarding the <br />renovation of the Backyard Garden at the Evergreen Arboretum <br />at American Legion Memorial Park. This Amendment amends the <br />MOU has set forth below. Capitalized terms have the same <br />meaning as in the MOU. <br />2. Amendments. <br />A. The City has allocated a grant to the Arboretum Society <br />(the “Grant”). The Grant is provided to the Arboretum <br />Society under a separate grant agreement. Grant funds <br />may be used for the Project. Grant funds used for the <br />Project are pursuant to RCW 35.21.278. In accordance <br />with RCW 35.21.278: <br />(1) The City and the Arboretum Society agree that the <br />value to be received by City through the value of <br />the Project will be at least equal to two times the <br />amount of the Grant funds to be used for the <br />Project. <br />(2) The Arboretum Society may for Grant-funded <br />Project activities use volunteers to whom no wage <br />or salary work is paid and provide the volunteers <br />with clothing or tools, meals or refreshments, <br />accident/injury insurance coverage, and <br />reimbursement of their expenses. Each Project <br />volunteer must sign a Waiver and Release on forms <br />provided by the City. <br />(3) The Arboretum Society may for Grant-funded <br />Project work use paid labor and contractors in <br />accordance with Section 4.B and 5 of the MOU. <br />Among other items, those sections include <br />prevailing wages, insurance requirements, and a