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2005/01/26 Council Agenda Packet
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2005/01/26 Council Agenda Packet
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Council Agenda Packet
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1/26/2005
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4 <br /> 8. DESIGNATED OPERATIONS STAFF <br /> The staff positions designated for communication and oversight of issues <br /> concerning the CPS are: <br /> City of Everett: Senior Water Treatment Plant Operator <br /> (425)257 8200 <br /> Alderwood Water and <br /> Wastewater District: Assistant M&O Superintendent <br /> (425)787-0250 <br /> 9. FEES AND CHARGES <br /> Neither the City nor the District shall charge each other for any service provided <br /> under this Agreement, including performance of pump operational changes. <br /> Water costs for start up testing of the CPS shall be paid per the existing water <br /> supply contract between the City and th hDistrict, or as mutually agreed in writing. <br /> 10. LEGAL RELATIONS —HOLD HARMLESS <br /> This is an Agreement for the operation of the CPS and neither party shall acquire <br /> by virtue of this Agreement any proprietary or governmental interest in the water system <br /> of the other party. The parties are neither partners nor joint venturers; and neither is the <br /> agent of the other. The officers and employees of each party shall be deemed to act only <br /> on behalf of the party they represent or who employs them. Each party agrees to defend, <br /> indemnify and hold the other party harmless from any claim, liability, damage, or <br /> judgment, including reasonable attorney's fees, arising from or in any way related to the <br /> performance of this Agreement, but only to the extent of the indemnifying party's <br /> negligence. For purposes of this indemnification only, each party waives its immunity <br /> under Washington's Workmen's Compensation Laws and any other employee benefit <br /> statutes. THIS WAIVER HAS BEEN SPECIFICALLY NEGOTIATED. <br /> 11. INSURANCE <br /> The City and District shall maintain comprehensive personal liability and property <br /> damage insurance at present levels and scope of coverage,provided that each party's <br /> insurance shall be sufficient to cover the indemnification of this Agreement. A party, <br /> upon request, shall provide the other party with a certificate of insurance. <br /> 12. TERM <br /> This Agreement shall be effective, and the District shall commence to operate the <br /> CPS, on the date that this Agreement is executed by the parties, and shall continue in <br /> 3 <br /> 5 <br />
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