2025/08/06 Council Agenda Packet

SUBAWARD AGREEMENT BETWEEN SNOHOMISH COUNTY AND CITY OF EVERETT FOR ROUTE AND COST BENEFIT ANALYSIS TO Page 2 of 17 RELOCATE WATER TRANSMISSION LINE NO. 5 administration for other projects in the South Whidbey Basin. The purpose of this Agreement is to sub-award a portion of the grant funding and contract with the City to analyze the potential relocation of the City's water transmission line #5 (TL #5) as described in Appendix A (the “Scope of Work”), attached hereto and incorporated herein by this reference. The source of funds for this Agreement is the County Grant, attached hereto as Appendix E and incorporated herein to the extent referenced by this Agreement. Summary information of the NOAA Grant Award No. NA24NMFX463C0059-T1-01 with the County as a pass-through entity is attached hereto as Appendix D. Regardless of anything to the contrary in this Agreement or in the County Grant, the City has no obligation to relocate the City's TL #5, and, even if the City does determine to relocate TL #5, the City has no obligation to follow the recommendations of the analysis funded under this Agreement. The City makes no relocation commitments by entering into this Agreement. The City’s relocation decision(s) will be informed by the analysis funded under this Agreement and other factors as determined by the City, all at the City’s sole discretion. 2. DURATION OF AGREEMENT The term of this Agreement is the date of execution (the “Effective Date”) through August 31, 2027 (the “Term”) unless extended or terminated as provided herein. The County’s obligations after December 31, 2025, are contingent upon local legislative appropriation of necessary funds in accordance with applicable laws and the Snohomish County Charter. In the event funding becomes unavailable for work to be performed pursuant to this Agreement, all work shall terminate in accordance with provisions of this Agreement upon the last day of funding. 3. SCOPE OF WORK A. The City shall furnish the necessary personnel, equipment, material, parts, and/or services and otherwise to do all the things necessary for or incidental to the performance of work set forth in Appendix A. B. The City will not be required to perform work for the County in excess of work specified in the Appendices except by mutual agreement to a written amendment to this Agreement. 4. PERFORMANCE The City agrees to satisfy all aspects of this Agreement, including the Appendices, in a timely and professional manner. The City further agrees to adhere to all terms, conditions, assurances, and certifications set forth in the County Grant in Appendix E. At any time that the City cannot fulfill its responsibilities under this Agreement, the City shall notify the County thereof in writing, together with an explanation of why said responsibilities cannot be fulfilled. Failure to perform shall be cause for the County to terminate. A decision by