Everett Public Schools 12/31/2023

Administrative and Fuel Infrastructure Maintenance Fee is reviewed by the City at a minimum of every five years and is adjusted as necessary to ensure it is sufficient to cover the cost to manage and maintain the fuel system. The City will provide the District with 90-days' written notice in the event the Administrative and Infrastructure Maintenance Fee is adjusted. 4. Duration. This Agreement shall remain in effect until terminated by a party under Section 7 below. 5. Property Damage. The District shall not damage the City's property. The District will be responsible for damage to City property caused by its activities pursuant to this Agreement. In the event of damage, the City will invoice the District for the total cost of repair. The District will pay invoices for damage repair within 30 days after the issue date. 6. Hold Harmless. To the extent of the District's negligence, the District shall defend, indemnify, and hold the City harmless from any and all claims, losses, lawsuits, and liabilities arising from the Districts' use of the Fueling Station. 7. Termination. Either party may terminate this Agreement at any time and for any reason on 30-days advance written notice delivered to the other party's Finance Director. The District will pay the City all amounts owed hereunder up to the date of termination. 8.General Provisions. a. Interlocal Administration. The parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. Each party to this Agreement shall serve as an administrator of this Agreement for the purposes of RCW 39.34.030 for each party's respective actions in performance of this Agreement. Each party will establish and maintain any necessary budget for its activities hereunder. Except as may be expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either party in connection with its performance under this Agreement will remain the sole property of such party, and the other party shall have no interest therein. Upon Agreement termination, each party is responsible for its own property. b. Complete Agreement. This Agreement constitutes the entire agreement of the parties relating to the subject matter of this Agreement. This Agreement supersedes and replaces all other written or oral agreements thereto. e. Amendment. No amendment to this Agreement will be effective unless in writing and signed by the Mayor of the City and by an authorized representative of the District. 2