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.

PUGET SOUND
CLEAN AIR AGENCY

By:

PORT OF SEATTLE

By:
Paul Roberts
Board of Directors, Chair

Tay Yoshitani
Chief Executive Officer

Date: ___________________________

Date: ___________________________

Attest:

By:
Craig Kenworthy
Executive Director
Date: ___________________________
Approved as to Form:
By:

By:
Laurie Halvorson
Director of Compliance and Legal

Tom Tanaka
Senior Port Counsel

Date: ___________________________

Date: ___________________________

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