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Item No. 4e_attach Meeting Date: October 10, 2016 Agency Interlocal No. 2014-052-4 Port of Seattle Contract I-00317929-4 FOURTH AMENDED INTERLOCAL AGREEMENT BETWEEN THE PORT OF SEATTLE AND THE PUGET SOUND CLEAN AIR AGENCY FOR A DRAYAGE TRUCK REPLACEMENT PROGRAM This third amended Interlocal Agreement ("Agreement") is entered into between the Puget Sound Clean Air Agency, (hereinafter referred to as the "Agency"), a municipal corporation under the laws of the State of Washington, and the Port of Seattle (hereinafter referred to as "Port"), a Washington municipal corporation, located at Pier 69, 2711 Alaskan Way, Seattle, WA 98111. WHEREAS, the Port and the Board of Directors of the Agency deem it desirable to amend the original Interlocal agreement No. 2014-052 dated January 2, 2014, and amended October 8, 2014, June 29, 2015, and March 24, 2016, to reflect changes in funding allocations between truck-replacement incentives and Agency administration costs; NOW, THEREFORE, the Agency and the Port mutually agree as follows: A. Interlocal Agreement No. 2014-052, as amended by No. 2014-052-01, No. 2014-052-02, and No. 2014-052-03 is hereby amended as follows: I. Section 5.A "Compensation" is deleted and replaced with the following: A. The total amount paid by the Port for satisfactory performance of the work under this Agreement shall not exceed six million, four hundred thirty-eight thousand dollars ($6,438,000). Of this total, the allocations for truck-replacement incentives and for administration costs are described in Attachment F, which is hereby incorporated by reference. The Port and the Agency may mutually agree to modifications to the allocations shown in Attachment F without further amendment to this Agreement, provided that the total of those allocations does not exceed $6,438,000. B. All other terms, attachments and conditions of original Agreement No. 2014-052, as amended by No. 2014-052-01, No. 2014-052-02, and No. 2014-052-03 remain in full force and effect. Agency Interlocal No. 2014-052-4 Port of Seattle Contract I-00317929-4 IN WITNESS HEREOF, the Agency and the Port have executed this amended Interlocal Agreement No. 2014-052-4 as to the date first above written. PUGET SOUND CLEAN AIR AGENCY PORT OF SEATTLE By: By: Paul Roberts Ted J. Fick Board of Directors, Chair Chief Executive Officer Date: ___________________________ Date: _________________________ Attest: By: Craig T. Kenworthy Date: ___________________________ Approved as to Form: By: By: Jennifer Dold Tom Tanaka Agency Counsel Senior Port Counsel Date: __________ Date: __________ Page 2
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