2015/06/24 Council Agenda Packet

DEPARTMENT OF ECOLOGY State of Washington AMENDMENT NO.1 [FINAL EXTENSION] TO GRANT NO. G1200574 BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY O CITY OF EVER.ETT PURPOSE: To amend the Agreement between the state of Washington Department of Ecology, hereinafter referred to as `DEPARTMENT,' and the City of Everett, hereinafter referred to as `RECIPIENT,' for the 3rd Ave SE Detention Pond Retrofit project. IT IS MUTUALLY AGREED the agreement is amended as follows: 1) Is amended to read as follows: The grant expiration date is changed from May 1, 2015, to October 31, 2015. 2) The following language will be added to Attachment 11 General Terms and Conditions: W. FUNDING AVAILABILITY The DEPARTMENT's ability to make payments is contingent on availability of funding. In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to completion or expiration date of this agreement, the DEPARTMENT, at its sole discretion, may elect to terminate the agreement, in whole or part, or renegotiate the agreement, subject to new funding limitations or conditions. The DEPARTMENT may also elect to suspend performance of the agreement until the DEPARTMENT determines the funding insufficiency is resolved. The DEPARTMENT may exercise any of these options with no notification restrictions. All other terms and conditions of the original Agreement including any Amendments remain in full force and effect, except as expressly provided by this Amendment. This Amendment is signed by persons who represent that they have the authority to execute this Amendment and bind their respective organizations to this Amendment. This Amendment is effective upon the signature date of the DEPARTMENT.