6b Amendment
ITEM NO: 6b Supp DATE OF MEETING: February 1, 2011 Contract No. 200900046-4-CON Fourth Amended Agreement Between the Port of Seattle and the Puget Sound Clean Air Agency to Reduce Diesel Emissions This contract is entered into between the Puget Sound Clean Air Agency, (hereinafter referred to as the "Agency"), a municipal corporation of the laws of the state of Washington, and the Port of Seattle (hereinafter referred to as the "Port"), a Washington municipal corporation, located at Pier 69, 2711 Alaskan Way, Seattle, WA 98111-1209. WHEREAS, the Port has adopted the Northwest Ports Clean Air Strategy, the goal of which is to reduce air emissions from current and future maritime port operations in the Pacific Northwest; and WHEREAS, the Agency and Port entered into Contract No. 200900046 for the Port to provide funds in support of the Agency's efforts to reduce harmful diesel emissions from maritime sources; and WHEREAS, the Board of Directors of the Puget Sound Clean Air Agency deems it desirable to amend Contract No. 200900046 dated July 9, 2009, and amended November 9, 2009, April 12, 2010, and August 13, 2010; and WHEREAS, the first amendment to Contract No. 200900046 extended the termination date from June 30, 2010 to June 30, 2011, and the Port and the Agency deem it desirable to extend the contract termination date by an additional two years; and WHEREAS, the Port agrees to provide an additional One Million, One Hundred Sixty Thousand, Two Hundred Fifty Dollars ($1,160,250) of funding to the Agency for a total of up to Four Million, One Hundred Sixty-Six Thousand, Two Hundred Fifty Dollars ($4,166,250); and NOW, THEREFORE, the Agency and the Port mutually agree as follows: 1. Section II(C)(1)(a) of Contract No. 200900046 is hereby amended to read: a. The Port will provide up to Four Million, One Hundred Sixty-Six Thousand, Two Hundred Fifty Dollars ($4,166,250) in funding to the Agency in quarterly installments, with the first payment being made on July 1, 2009. Contract No. 200900046-4-CON 2. Section II(B) of Contract No. 200900046 is hereby amended to read: This Agreement shall terminate on June 30, 2013. Either party may terminate this Agreement upon 30 days' prior written notice. All other terms and conditions of Contract No. 200900046, as amended on November 9, 2009, April 12, 2010, and August 13, 2010, remain in full force and effect. IN WITNESS HEREOF, the Agency and the Port have executed this amended Agreement. PUGETSOUND PORT OF SEATTLE CLEAN AIR AGENCY By: By: Paul Roberts Tay Yoshitani Board of Directors, Chair Chief Executive Officer Date: ___________________________ Date: ___________________________ Attest: By: Craig Kenworthy Executive Director Date: ___________________________ Approved as to Form: By: By: Laurie Halvorson Tom Tanaka Director of Compliance and Legal Senior Port Counsel Date: ___________________________ Date: ___________________________ Page 2
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