MOU Sample 2

							                         INTERAGENCY AGREEMENT
                                      FOR
                      EMERGENCY BUS MOBILIZATION



Effective Date:                                                       , 2011

Parties:                                     Your Regional Emergency
                                             Services Agency (hereinafter
                                             “YOUR        COUNTY          PUBLIC
TRANSPORTATION BENEFIT AREA”)

                                                         and

                                             Your County Public Transpor-
                                             tation Benefit Area (hereinafter
                                             (“NAME OF PTBA”)

Recitals:

A. YOUR COUNTY PUBLIC TRANSPORTATION BENEFIT AREA, as the
   emergency management agency for Your County and its seven cities, is
   responsible for coordinating the provision of critical resources in a disaster,
   including buses.

B. NAME OF PTBA, as a public agency charged with providing mass
   transportation for the residents of Your County, maintains and operates a
   fleet of buses.

C. The parties desire to enter into this Interagency Agreement for Emergency
   Bus Mobilization (“Agreement”) to set forth the terms and conditions under
   which NAME OF PTBA will provide bus mobilization for YOUR COUNTY
   PUBLIC TRANSPORTATION BENEFIT AREA.

   1. Term. This Agreement shall commence on the effective date set forth
      above and shall remain in effect until terminated by either party giving
      thirty (30) days’ advance notice to the other party.

   2. Authority. The authority for the parties to enter into this Agreement is
      found in RCW Chapter 38.52.

   3. Emergency Bus Mobilization. As provided for herein, NAME OF PTBA
      agrees to provide bus mobilization to YOUR COUNTY PUBLIC
      TRANSPORTATION BENEFIT AREA.




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   3.1   Transportation Services for Emergency Drills and Training. The
         parties acknowledge that from time to time YOUR COUNTY
         PUBLIC TRANSPORTATION BENEFIT AREA may need to
         coordinate transportation services for purposes of conducting
         drills and training exercises to prepare for an “emergency,” as
         defined in RCW Chapter 38.52. NAME OF PTBA agrees to provide
         transportation services for such drills and training under the
         following conditions:

         (a)   YOUR COUNTY PUBLIC TRANSPORTATION BENEFIT AREA
               shall request transportation services for emergency drills
               and training pursuant to the procedure provided in
               Paragraph 4; and

         (b)   All transportation services for emergency drills and training
               shall be scheduled in advance by mutual agreement of the
               parties after taking into account NAME OF PTBA’s existing
               mass transportation commitments.

   3.2   Transportation Services for Emergencies. The parties acknowledge
         that    from   time    to    time,   YOUR     COUNTY       PUBLIC
         TRANSPORTATION BENEFIT AREA may need to request
         transportation services, on behalf of other agencies, in the event
         of an “emergency,” as defined in RCW Chapter 38.52 or other
         such times when it is mutually agreed upon. NAME OF PTBA
         agrees to provide such bus mobilization under the following
         conditions:

         (a)   Requesting agencies shall request bus mobilization pursuant
               to the Emergency Bus Mobilization Plan; and

         (b)   All bus mobilization under this Agreement shall be subject to
               NAME OF PTBA completing its then-existing mass
               transportation commitments.

4. Procedures for Requesting Bus Mobilization.

   4.1   Bus Resource Coordinator - In accordance with the Emergency
         Bus Mobilization Plan, Name of PTBA will staff the function of
         “Emergency Bus Resource Coordnator”. YOUR COUNTY PUBLIC
         TRANSPORTATION BENEFIT AREA will forward the request for
         buses to Name of PTBA. In accordance with agency procedures,
         Name of PTBA will notify the Bus Resource Coordinator. The Bus
         Resource Coordinator is responsible for coordinating the provision
         of locally available, publicly owned and operated buses in Your
         County. In the event that the sources for all publicly owned and
         operated buses are exhausted, the Bus Resource Coordinator will


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           forward the resource request to          YOUR    COUNTY     PUBLIC
           TRANSPORTATION BENEFIT AREA

 5. Transportation Equipment.

     5.1   Responsibility for Repair Cost/Replacement Vehicles. The parties
           acknowledge that as a self-insured governmental entity, NAME OF
           PTBA will initially be responsible for paying the cost of repairing
           damage to the transportation equipment provided by NAME OF
           PTBA to a requesting agency pursuant to this Agreement. The
           parties further acknowledge and agree that YOUR COUNTY
           PUBLIC TRANSPORTATION BENEFIT AREA shall (a) take all
           reasonable steps to assist NAME OF PTBA in the filing and
           prosecution of reimbursement claims with any person or entity
           responsible for such repair costs incurred by NAME OF PTBA; (b)
           actively pursue all avenues of financial recoupment for NAME OF
           PTBA for such repair costs, whether from personal or private
           sources.

6.   Indemnification.

     6.1   NAME OF PTBA agrees to indemnify and hold YOUR COUNTY
           PUBLIC TRANSPORTATION BENEFIT AREA harmless from any
           and all damage, injury, loss, liability, claim, or suit (including
           court costs, expert fees, arbitration costs, and reasonable
           attorneys’ fees, including such costs for appeals) arising from or
           incident to any tort claim (whether based upon breach of contract
           or warranty, strict liability, negligence, defective design, or other
           theory) arising from NAME OF PTBA’s material breach under this
           Agreement.

     6.2   YOUR COUNTY PUBLIC TRANSPORTATION BENEFIT AREA
           agrees to indemnify and hold NAME OF PTBA harmless from any
           and all damage, injury, loss, liability, claim, or suit (including
           court costs, expert fees , arbitration costs, and reasonable
           attorneys’ fees, including such costs for appeals) arising from or
           incident to any tort claim (whether based upon breach of contract
           or warranty, strict liability, negligence, defective design, or other
           theory) arising from NAME OF PTBA’s provision of bus
           mobilization pursuant to this Agreement.

7.   Miscellaneous Provisions.

     7.1   Amendments. This Agreement may not be amended orally but
           only by agreement in writing signed by both parties.




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     7.2   Attorneys’ Fees. In any suit, proceeding, or action to enforce any
           term, condition, or covenant of this Agreement or to procure an
           adjudication or determination of the rights of the parties, the
           prevailing party shall be entitled to recover from the other part, in
           addition to any award of costs or disbursements provided by
           statute, reasonable sums as attorneys’ fees and costs and
           expenses in connection with such suit, proceeding, or action,
           including appeal or bankruptcy proceeding, which sums shall be
           included in any judgment or decree entered therein.

     7.3   Assignability. This Agreement shall be binding upon and inure to
           the benefit of the parties hereto and their respective successors
           and assigns. Neither party may assign the rights and obligations
           provided for herein without the prior written consent of the other
           party.

     7.4   Choice of Law and Forum. The parties irrevocably agree that this
           Agreement shall be governed by and construed in accordance with
           the substantive laws of the state of Washington and that venue
           for any action or proceeding filed under this Agreement shall be in
           Your County, Washington.

     7.5   Effect of Execution. The parties hereto shall become bound by the
           terms of this Agreement as of the date they execute this
           Agreement.

     7.6   Gender, Etc. Words used herein, regardless of the number and
           gender specifically used, shall be deemed and construed to
           include any other number, singular or plural, and any other
           gender, masculine, feminine, or neuter, as the context requires.

     7.7   Headings. The headings appearing in this Agreement are for
           convenience of reference only and in no way define, limit, or
           circumscribe the scope and intent of this Agreement or any
           provision herein.

     7.8   Notices. All notices required to be delivered pursuant to this
           Agreement shall be in writing and sent by certified mail, return
           receipt requested, postage prepaid, to the following addresses:

          If to YOUR COUNTY PUBLIC TRANSPORTATION BENEFIT AREA:
     Tom Griffith, Director
                            YOUR COUNTY PUBLIC TRANSPORTATION
BENEFIT AREA
                            Your County PTBA’s address

           If to NAME OF PTBA:     Name


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                                                    Director of Operations
                                                    NAME OF PTBA
                                                    Address of PTBA office

                      All notices shall be considered delivered on the date stamped on
                      the return receipt. Either party may change its address by
                      notifying the other party of the address change by letter, sent
                      regular mail.

            7.9       Whole Agreement. This Agreement is the whole Agreement
                      between the parties and supersedes all oral understandings and
                      previous written agreements which are inconsistent with the
                      provisions hereof. There are no representations, warranties, or
                      other agreements between the parties which in any manner
                      modify or change the terms of this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year written below their names.


Your Regional Emergency                Your County Public Transportation
Services Agency (YOUR COUNTY PUBLIC TRANSPORTATION BENEFIT AREA)
             Benefit Area (NAME OF PTBA)



Name, Director                                                 Name, Director of Operations



Date                                                                      Date




Lynn Halsey: Interagency Agreement (YOUR COUNTY PUBLIC TRANSPORTATION BENEFIT AREA)
3/15/06/te




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