Interlocal Agreement for Water and Sewer Mutual Aid AgreementEXHIBIT A
WATER AND SEWER MUTUAL AID AGREEMENT - 2006
THIS MUTUAL AID AGREEMENT is by and between all water and sewer utilities (Purveyors)
in Snohomish County that have approved this Agreement, who are authorized to provide the
benefits and undertake the obligations contained in this Agreement, and have executed this
Agreement.
RECITAL
Subject to the terms and conditions below, each of the Purveyors agrees to provide personnel,
materials and equipment to other Purveyors who are parties to this Agreement and who request
assistance to handle a disaster or emergency.
AGREEMENT
It is agreed by the Purveyors as follows:
1. Request for Assistance. A Purveyor, through its Designated Official, may request
another Purveyor to send personnel, materials and equipment to deal with a disaster or
emergency. A request for assistance may be oral or written. If the request is oral, it shall be
confirmed in writing by the requesting Purveyor's Designated Official as soon as practicable
after the request. A written request or confirmation shall be in a form sufficient to demonstrate
that it was made by a Designated Official. Each request or confirmation shall describe the
equipment, personnel, materials, and other resources that are needed to address the disaster or
emergency.
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2. Definition of Disaster or Emergency. A disaster or emergency is an event or
situation which (1) demands immediate action to preserve public health or protect life or
property or (2) reaches a dimension or degree of destructiveness as to warrant the Governor of
the State of Washington declaring a state of emergency.
3. Response to Request. The responding Purveyor, through its Designated Official,
should, as soon as reasonably possible determine whether personnel, materials and equipment are
available to respond to the request for disaster or emergency assistance. Following that
determination, the responding Purveyor's Designated Official should, as soon as reasonably
possible advise the requesting Purveyor of the availability of personnel, materials and
equipment; and, if any or all of such items are available, the approximate time when such will be
provided. The judgment of the responding Purveyor's Designated Official shall be final as to the
availability of personnel, materials and equipment. A responding Purveyor shall not be liable to
the requesting Purveyor or any person or entity for failing to respond to a request for assistance
or provide personnel, materials and equipment. By signing this Agreement, any party who
requests assistance pursuant to this Agreement waives and releases all claims for damages of any
kind against any other party who fails to respond to a request for, or does not provide assistance,
personnel, materials or equipment.
4. Control of Personnel and Equipment. Personnel and equipment of the responding
Purveyor that are made available to the requesting Purveyor shall, to the fullest extent possible,
remain under the control and direction of the responding Purveyor; the responding Purveyor
shall be and remain at all times an independent contractor. The responding Purveyor's
employees shall remain solely the employees of the responding Purveyor. The requesting
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Purveyor shall coordinate the activities of personnel and equipment of the responding Purveyor,
provided however, employees of the responding Purveyor remain employees of the responding
Purveyor while performing functions and duties on behalf of the requesting Purveyor. The
responding Purveyor shall retain the right to withdraw at any time some or all of its personnel,
materials and equipment for any reason. Notice of intention to withdraw shall be communicated
to the requesting Purveyor's Designated Official, as soon as possible; however, it need not be in
writing. A responding Purveyor shall not be liable to the requesting Purveyor or any person or
entity for first providing personnel, materials or equipment and later withdrawing some or all of
the same personnel, materials or equipment, according to the provisions of this Agreement. By
signing this Agreement, any party who requests assistance pursuant to this Agreement waives
and releases all claims for damages of any kind against the responding Purveyor for withdrawing
some or all of its personnel, materials or equipment that were provided pursuant to this
Agreement.
5. Status of Personnel. All privileges, immunities, rights, duties and benefits of
officers and employees of the responding Purveyor shall apply while those officers and
employees are performing functions and duties on behalf of the requesting Purveyor, unless
otherwise provided by law.
6. Indemnification. To the extent permitted by law, the requesting Purveyor shall
protect, defend, hold harmless and indemnify all other responding signatory Purveyors, and their
officers and employees from any and all claims, suits, costs, damages of any nature, or causes of
action, including the cost of defense and attorneys fees, by reason of the acts or omissions,
whether negligent, willful, or reckless, of the requesting Purveyor's officers, employees, and
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agents arising out of or in connection with any acts or activities authorized by this Agreement,
and will pay all judgments, if any, rendered. This obligation shall not include such claims, costs,
damages or other expenses which may be caused by the sole negligence of the responding
Purveyors or their authorized agents or employees.
This indemnity obligation extends to all claims against the responding Purveyor by an
employee or former employee of the requesting Purveyor, and for this purpose, by mutual
negotiation, the requesting Purveyor expressly waives as respects to the responding Purveyor
only, all immunity and limitation and liability under any industrial insurance act, including Title
51, other worker's compensation act, disability benefit act, or other employee benefit act of any
jurisdiction which would otherwise be applicable in the case of such claim.
7. Insurance. A Purveyor shall maintain insurance or adequately self -insure for the
activities of its personnel and equipment while operating under this Agreement.
8. Cost Reimbursement. The requesting Purveyor shall reimburse the responding
Purveyor for the actual cost of providing assistance. The reimbursement will be based upon the
responding Purveyor's regular schedule of hourly rates for personnel and equipment, and the
actual costs of materials, reasonable food, lodging and out-of-pocket expenses; reimbursement
shall include all salaries, benefits, administrative costs and overhead of the responding Purveyor,
determined in accordance with the responding Purveyor's then -existing regularly adopted
policies and practices. Reimbursement shall be made within 90 days after receipt by the
requesting Purveyor of an itemized voucher of costs. The requesting Purveyor shall have the
right to audit books and records related to the cost of providing assistance.
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9. Authorization: Effective Date: Duration. A Purveyor shall authorize and approve
this Agreement by formal action of its governing body. This Agreement shall be effective upon
authorizing actions by two or more Purveyors and is subject to the termination procedures set out
herein, and shall remain in effect as long as two or more authorizing actions are in effect. Upon
an authorizing action and execution of this Agreement, a Purveyor shall send a certified copy of
the action and the Agreement to the City of Everett. The Everett Utilities Director shall maintain
a list of mutual aid Purveyors hereunder and the job title of their respective Designated Officials
and shall send an updated list to all Purveyors annually, and whenever Purveyors are added to or
eliminated from the list or whenever a Purveyor changes the job title or title holder of its
Designated Official for this Agreement.
10. Rescission of Prior Agreements.
This Agreement, once formally authorized by each signing Purveyor, shall, one at a time,
immediately supersede and rescind that same signing Purveyor's prior SEWER AND WATER
MUTUAL AID AGREEMENT (developed in 1995) with all other signers of that Agreement.
11. Termination. This Agreement shall remain binding upon a Purveyor until that
Purveyor repeals or revokes its authorizing action. Upon repeal or revocation, the Purveyor shall
send a certified copy of the action to the Everett Utilities Director. Withdrawal from this
Agreement shall not relieve the withdrawing Purveyor from the obligations incurred under this
Agreement prior to the effective date of the withdrawal, which is the date upon which the
withdrawing Purveyor delivers a copy of its repealing action or revocation to the Utilities
Director for the City of Everett.
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12. No Third Party Rights. This Agreement is for the benefit of the Purveyors who
are active parties to this Agreement and no other person or entity shall have any rights under this
Agreement as a third party beneficiary nor shall any Purveyor owe any duty to a third party not a
signatory of this Agreement by virtue of this Agreement.
13. Designated Official. All Agreement references to the Designated Official, whose
job title is identified at the end of this Agreement, shall refer to the holder of that job title or his
or her designee. The Purveyor may, at its discretion, change the job title of their Designated
Official by notifying the City of Everett.
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Job Title of Designated Official for the purposes of initiating this Agreement:
MAYOR
CITY OF EDMONDS
By (Signature)
GARY HAAK I*)Pj WA1*)11
Dated: .S'- 9 -
ATTEST:
By (Signature
Dated: t - g- 0
APPROVED AS TO FORM:
LM
RA CHASE, CITY CLERK
W. SCOTT SNYDER, CITY ATTORNEY
Dated: S- 9- 0 7
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SEWER AND WATER MUTUAL AID AGREEMENT
THIS MUTUAL AID AGREEMENT is by and between all public sewer and water
utilities (Public Agencies) that have authorized this agreement under the procedure of
this agreement.
RECITALS
A. Chapter 39.34 RCW authorizes public agencies to contract with each other to
provide services.
B. The public agencies desire to provide personnel and equipment to any other
public agencies that request assistance to handle a disaster or emergency.
AGREEMENT
It is agre.-d by the public agencies as follows:
1, . A public agency, through its designated official,
may request another public agency to send personnel and equipment to deal with a
disaster or emergency. A request for assistance may be oral or written. If the request
is oral, it shall be confirmed in writing by the designated official as soon as practicable
after the request. Each request shall describe the equipment, personnel, expertise and
other resources that are needed to address the disaster or emergency.
2. � v A disaster or emergency is an
event or situation which (1) demands immediate action to preserve public health or
ACZCNTR: DL:S WMAA(LMm6/9/95)
protect life or property or (2) reaches a dimension or degree of destructiveness as to
warrant the Governor of the State of Washington declaring a state of emergency.
3. RespQnse to Request The responding public agency, through its
designated official, shall as soon as possible determine whether personnel and
equipment are available to respond to the request for disaster or emergency assistance.
Following the determination, the responding agency's official shall as soon as
possible advise the requesting agency of the availability of personnel and equipment
and, if personnel and equipment are available, the approximate time when such will be
provided. The judgment of the responding agency's designated official shall be final as
to the availability of personnel and equipment. A responding agency shall not be liable
to the requesting district or any person or entity for failing to respond to a request for
assistance or provide personnel and equipment
4. Control o Personnel and E�aS Personnel and equipment of the
responding agency that are made available to the requesting agency shall, whenever
possible, remain under the control and direction of the responding agency. The
requesting agency shall coordinate the activities of personnel and equipment of the
responding agency. The responding agency shall retain the right to withdraw some or
all of its personnel and equipment whenever they are needed by the responding agency.
Notice of intention to withdraw shall be communicated to the requesting agency's
designated official, or the official's designee, as soon as possible.
5. Status of Pers_omiE All privileges, immunities, rights, duties and
benefits of officers and employees of the responding agency shall apply while those
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officers and employees are performing functions and duties within the requesting
district, unless otherwise provided by law.
6. Mdernnificatio Each agency shall defend, hold harmless and indemnify
all other agencies and their officers and employees, from any and all claims, suit or
actions, including the cost of defense, arising from the willful or negligent acts and
omissions of its own officers and employers while operating under this agreement.
7. Insurance An agency shall maintain insurance or adequately self insure
for the activities of its personnel and equipment while operating under this Agreement.
8. Cast ReimbursQ The requesting agency shall reimburse the
responding agency for the cost of providing assistance. The reimbursement shall be
based upon the responding agency's schedule of hourly or daily rates for personnel and
costs of equipment. Reimbursement shall be made within 90 days after receipt by the
requesting agency of an itemized voucher of costs.
9. The agencies will establish operational, cost
reimbursement and planning procedures for carrying out this Agreement.
10. Authnrization.- Effective Date; Duration An agency shall authorize and
approve this agreement by resolution. This agreement shall be effective upon adoption
of authorizing resolutions by two agencies and subject to the termination procedures
hereafter, shall remain in effect as long as two or more authorizing resolutions are in
effect. Upon adoption of an authorizing resolution and execution of this agreement, an
agency shall send a certified copy of the resolution and the agreement to the City of
Everett. The Everett Public Works Director shall maintain a list of mutual aid agencies
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Hereunder and shall send an updated list to all agencies whenever agencies are added to
or eliminated from the list.
11. T3 miiza€ion This agreement shall remain binding upon an agency until it
repeals the authorizing resolution. Upon adoption of a repealing resolution, the agency
shall send a certified copy of the resolution to the Everett Public Works Director.
Withdrawal from this agreement shall not relieve the withdrawing agency from the
obligations assumed under this agreement prior to the effective datea of the withdrawal.
12. No Iliird Party lZigkats This Agreement is for the benefit of the agencies and
no person or entity shall have any rights uner this Agreement as a third party beneficiary
nor shall any agency owe any duty to a third party by virtue of this Agreement.
CITY OF EVERETT
EDWARD D. HANSEN, Mayor
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF EMONDS
BARBARA FAHEY, Mayor
ATTEST:
ITY CLERK .��s 9 7
APPROVED AS TO FORM:
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CITY ATTORNEY