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Air Sensor MOU WDOE and City of Everett 2 <br />EVERETT agrees to: <br />1)Provide a suitable site for an ambient air quality monitoring sensor with utility services <br />included at the designated Fire Station. <br />2)Provide WDOE personnel with authorization and unrestricted access to the site between <br />the hours of 8:00 a.m. and 5:00 p.m. <br />3)Take reasonable steps to prevent disturbances to WDOE-owned equipment unless prior <br />notification is provided to WDOE personnel. <br />IV.IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE SAID <br />PARTIES THAT: <br />1)Each party to this agreement shall be solely responsible for any injury to persons or <br />damage to property resulting from negligence on the part of itself, its employees, its <br />agents, or its officers. Neither party assumes any responsibility to the other party for the <br />consequences of any act or omission of any third party. <br />2)This agreement in no way restricts EVERETT or WDOE from participating in similar <br />activities with other public or private agencies, organizations, and individuals. <br />3)Nothing in this agreement shall be construed as obligating either party to expend funds or <br />to make any contract or other obligation for the future payment of money in excess of <br />appropriations authorized by law and administratively allocated for this purpose. <br />4)Modifications within the scope of this agreement shall be made by mutual consent of the <br />parties, by the issuance of a written modification, signed and dated by both parties, prior <br />to any changes being effective. <br />5)Either party(s), in writing, may terminate this agreement in whole, or in part, at any time <br />before the date of expiration provided that written notice is sent to the other party at least <br />60 calendar days prior to the termination date. <br />6)This agreement shall be effective upon execution by both parties and shall remain in <br />effect for a period of 3 years unless otherwise modified. This agreement can be extended <br />if mutually agreed to by both parties. <br />The principal contacts for this instrument are: <br />Dave DeMarco Jill Schulte <br />City of Everett Washington Department of Ecology <br />2801 Oakes Ave PO Box 47600 <br />Everett, WA 98201 Olympia, WA 98504-7600 <br />(360) 790-6538