2025/04/30 Council Agenda Packet

Interlocal Agreement – Page 2 of 4 (b) Duration. This Agreement shall remain in effect through the completion of the PS&E development unless the Parties in writing determine otherwise by amending or terminating this Agreement. A Party seeking to terminate this Agreement shall give ten days’ written notice to the other Party. If the Agreement is terminated, the terminating party shall be liable only for performance rendered prior to the effective date of the termination. 6.INTERLOCAL ACT PROVISIONS No separate legal or administrative entity is created by this Agreement. To the extent required by applicable law, each Party is responsible for financing and maintaining a budget for its activities under this Agreement. Except as 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. To the extent required by applicable law, each Party shall act as its own administrator for its activities under this agreement. Mukilteo agrees to administer the PS&E Professional Services contract. Everett agrees to reimburse Mukilteo for one-half of the total of each invoice from the engineering consultant up to $200,000 cumulative total. Everett will pay its portion of the invoice within thirty days of receipt of the invoice. 7. AMENDMENTS TO THIS AGREEMENT Any amendment to this Agreement must be mutually agreed upon and executed in writing by the Parties. 8. OTHER AGREEMENTS To the extent that any other contradictory agreements exist between Everett and Mukilteo regarding Mukilteo Lane PS&E work, this Agreement governs. 9. SIGNATURES This Agreement may be executed in counterparts, each of which shall be an original and all of which shall together constitute one and the same instrument. Execution and delivery of this Agreement by the parties shall be legally valid and effective through any combination of: (i) executing and delivering a paper copy, (ii) transmitting the executed paper copy by email in pdf format or other electronically scanned format, or (iii) execution and transmittal by AdobeSign or DocuSign or other e-signature method by one or both Parties. DATED (for reference purposes only): ____________________, 2025 [Signature pages follow.]