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MEMORANDUM OF UNDERSTANDING <br /> Between EVERETT TRANSIT and WHATCOM TRANSPORTATION AUTHORITY <br /> For Transit Operator CDL Skills Examinations ("MOU") <br /> 1. Whatcom Transportation Authority("WTA") agrees to provide facilities and equipment <br /> for Washington State Department of Licensing to perform CDL Skills Examinations for <br /> Everett Transit ("Everett") transit staff. <br /> 2. Everett will be responsible to pay all wages,taxes and benefits, including any workers <br /> compensation benefits, owed to Everett staff participating in examinations as well as <br /> subsequent Washington State Department of Licensing ("DOL") Course Completion <br /> submittals. <br /> 3. The Parties will be acting in their individual,governmental capacities and not as agents, <br /> employees,partners,joint ventures,or associates of one another in performance of this <br /> MOU. <br /> 4. All testing will be conducted on WTA property and WTA designated testing routes. <br /> 5. Everett will provide its own vehicles and other necessary equipment for use during <br /> testing. <br /> 6. Everett will be responsible for all testing fees payable directly to DOL and to pay all <br /> wages,taxes and benefits owed to any Everett employee due in relationship to the <br /> testing,including any workers compensation benefits owed to an employee. <br /> 7. This MOU is executed and governed in interpretation and performance by the laws of <br /> the State of Washington.Any action to enforce or interpret the Contract shall be filed in <br /> the Superior Court for the State of Washington,Whatcom County.The prevailing party <br /> in any action to enforce or interpret this MOU shall be entitled to recover and be <br /> awarded its attorneys'fees and costs from the other party. <br /> 8. Everett shall defend,hold harmless and indemnify WTA,and its agents, employees, <br /> representatives,and Board members against and from any all claims, demands,suits, <br /> judgments, defense costs,injury to or death of any and all persons(s) and on account of <br /> all property damages or injury of any kind,whether tangible or intangible,real and/or <br /> personal liability or damages of any kind,arising out of the testing described above or <br /> by Everett use of WTA property,including,but not limited to,any and all claims arising <br /> from the actions or alleged actions of WTA except as caused by the gross negligence or <br /> willful misconduct of WTA. Such duty to defend,hold harmless and indemnify shall <br /> extend to any claim made by an employee of Everett, and Everett waives,for purposes <br /> of this MOU only,the right to the benefits of any exclusivity defense provided under the <br /> Washington State Industrial Insurance Act, RCW Chapter 51. <br /> Page 1 of 2 <br />