2017/02/15 Council Agenda Packet

1 AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT FOR THE SMITH ISLAND RESTORATION PROJECT BY 3 AND BETWEEN SNOHOMISH COUNTY AND THE CITY OF 4 EVERETT 5 This Amendment No. 1 To The Interlocal Agreement For The Smith Island Restoration 6 Project By And Between Snohomish County And The City Of Everett is made and entered 7 into by and between Snohomish County(hereinafter the"County") and the City of Everett 8 (hereinafter the"City"), collectively the"Parties". 9 WHEREAS,the County and the City previously entered into that"Interlocal Agreement 10 For The Smith Island Restoration Project By And Between Snohomish County And The City 11 Of Everett"dated September 2,2016(hereinafter"Agreement"),which Agreement coordinates 12 improvements for the Smith Island Restoration Project as between the County and the City as 13 more fully set forth therein; and 14 WHEREAS,the Agreement provides for the County to perform certain work within 15 the Smith Island-City area referred to as"Breach and Related Work"as more fully set forth in 16 Section 1.2 of the Agreement for which the City is responsible for funding as provided in 17 Section 3..1.3 of the Agreement in accordance with the terms set forth in Exhibit C to the 18 Agreement titled`Breach and Related Work Bidding and Reimbursement"; and 19 .WHEREAS, Sections 1.2 and 2.10.2 of the Agreement provide that the Parties shall 20 execute an amendment to the Agreement setting forth such additional administrative terms 21 and conditions governing the construction work to be performed by the County within the 22 Smith-Island City area pertaining to Breach and Related Work not otherwise addressed in the 23 Agreement, and the Parties now wish to memorialize such amendment in accordance with • 24 Section 2.10.2 of the Agreement to clarify the terms of each party's responsibilities 25 concerning construction of the Breach and Related Work and the City reimbursing the County 26 in full for such work; 27 NOW,THEREFORE,in consideration of the mutual promises and covenants contained 28 herein,it is agreed that the Agreement shall be amended as follows: 29 GENERAL TERMS AND CONDITIONS 30 Section 1:Delete Section 2.8.3 -Section 2.8.3 of the Agreement is hereby deleted in its entirety. 31 Section 2: Replace Exhibit C - In accordance with Sections 1.2 and 2.10.2 of the Agreement, 32 the Parties hereby replace and supersede Exhibit C to the Agreement with Exhibit C(Revised) 33 attached hereto. The purpose and intent of Exhibit C (Revised) is to clarify and otherwise set 34 forth those additional administrative terms and conditions upon which the County shall perform AMENDMENT NO.ONE TO THE INTERLOCAL AGREEMENT Page 1 of 9 FOR THE SMITH ISLAND RESTORATION PROJECT BY AND BETWEEN SNOHOMISH COUNTY AND THE CITY OF EVERETT 66