2018/10/31 Council Agenda Packet

1. TERM 1.1 Condition Precedent=RCW 3924.040 Pursuant to RCW 39.34.040,it is a condition precedent to the effectiveness of this Agreement that a fully executed copy of this Agreement be either (i) recorded with the County Auditor,or(ii)posted on the County's Interlocal Agreements website.Unless and until this condition is met,this Agreement shall have no force or effect. 1.2 Term The"Term"of this Agreement shall cover the following seven(7) calendar years: 2013,2014, 2015, 2016, 2017, 2018,and 2019. The period covering the calendar years 2013 through 2017 shall be referred to in this Agreement as the"Original Term,"the period covering calendar year 2018 shall be referred to in this Agreement as the"2018 Original Term Extension," and the period covering calendar year 2019 shall be referred to in this Agreement as the "2019 Original Term Extension." The Term shall commence on the Execution Date and expire when the true-up required by Section 10 has been performed for calendar year 2019(the"Expiration Date"). Notwithstanding anything to the contrary contained elsewhere in this Agreement,the County's obligations after December 31,2013, are contingent upon local legislative appropriation of the necessary funds for this specific purpose in accordance with the Snohomish County Charter,the Snohomish County Code and applicable law. If the County does not so appropriate the necessary funds for the County's obligations under this Agreement, either the District or the City may terminate this Agreement effective on 30 days advance written notice to the other parties,but failure to provide such notice shall not be a"Default"under Section 17. Section 2 The proviso added to the Original Agreement by Amendment No. 1 in Subsection 5.1 "County Increased Hillside Runoff Operating Cost Contributions" is amended to read: PROVIDED,that during the 2018 Original Term Extension and the 2019 Original Term Extension,that Payment shall be made on or before March 31 of the calendar year at issue,or within sixty(60)days after receiving an invoice for payment,whichever is later. Section 3 The proviso added to the Original Agreement by Amendment No. 1 in Subsection 5.2"City Increased Hillside Runoff Operating Cost Contributions"is amended to read: PROVIDED,that during the 2018 Original Term Extension and the 2019 Original Term Extension,that Payment shall be made on or before March 31 of the calendar year at issues,or within sixty(60)days after receiving an invoice for payment,whichever is later. Section 4 The proviso added to the Original Agreement by Amendment No. 1 in Subsection 7.1 "Anticipated Ditch, Pond and Canal Operating Costs Attributable to Increased Hillside Runoff'is amended to read: AMENDMENT NO.2 TO INTERLOCAL AGREEMENT REGARDING INCREASED HILLSIDE RUNOFF IN THE MARSHLAND DRAINAGE BASIN DUE TO UPLAND DEVELOPMENT Page 2 of 6 45