LETTER OF AGREEMENT
THIS AGREEMENT made this 14th day of September, 2005, by and between the Helena Public Works Authority, Goltry Public Works Authority and the Jet Utilities Authority, by and through their Chief Elected Officials, hereinafter referred to as "Authority".
1. Each "Authority" is a unit of local government incorporated pursuant to the laws of the State of Oklahoma, that have a need for shared services and equipment.
2. Each "Authority" to this agreement is willing to contract with each other based on the terms, covenants, and conditions as herein set forth.
SECTION 1. PURPOSE. The "Authority" each have a need for shared services and equipment in order to adequately provide for the safety, health, security and welfare of its residents.
SECTION 2. PERSONAL SERVICES AND COMPENSATION. Each "Authority" will loan its employee (s) upon request, unless it is determined that the absence of the employee (s) would cause undo hardship. In that event, the "Authority" requested shall not be obligated to respond at that time. Compensation for the services of an employee requested, by another party to this agreement, shall be the sole responsibility of the loaning "Authority".
SECTION 3. EQUIPMENT MAINTENANCE AND COMPENSATION. Any equipment loaned to another party to this agreement shall be delivered and operated by the loaning "Authority". It shall be the sole responsibility of the borrowing "Authority" to return the equipment in as good a condition as first received. The loaning "Authority" has the option to invoice the borrowing "Authority" actual costs of operating said equipment, such as fuel.
SECTION 4. PARTS AND SUPPLIES. Each "Authority" may loan parts and supplies to another party to this agreement only if the "Authority" establishes guidelines allowing such loan~ including~ but not limited to, identification, availability, time of replacement, signature of receiving party and filed in the office of the Town Clerk.
SECTION 5. TERM. This agreement shall become effective upon execution of each "Authority" and shaH continue in effect until June 30, 2006. Thereafter this agreement shan be automatically renew for the following twelve months~ unless prior to June 1st, notice in writing is given that the agreement will not be renewed at the end of the current term.
SECTION 6. TERMINATION. If either party desires to terminate this agreement-at MY timc-'Othcr than upoo-the-expiratioTI' of thccurrcnt term, the party desiring to terminate the agreement shall give notice in writing to the other parties at least sixty (60) days prior to the effective date of the termination date.
SECTION 7. INDEMNIFICATION. Parties hereto shall indemnifY and defend and -hold- harmless the-other, ifs oftkers,trustees, or employees against aHcla-ims,costs, and expenses, to include attorney fees caused to any person or property arising from the services provided under this agreement. Furthermore, each" Authority" agrees to maintain liability insurance in the sum required to cover the limited liability established by the Political Subdivision Tort Claim Act.
SECTION 8. AMENDMENTS. This agreement may be amended from time to time only in written form duly signed and approved by each party to this agreement. -
This agreement may be executed in one or more counterparts, all of which taken together shall be deemed one original. PASSED, ADOPTED AND APPROVED this 14th day of September, 2005.
HELENA PUBLIC WORKS AUTHORITY
ATTEST: ( seal).
GOLTRY PUBLIC WORKS AUTHORITY
JET UTILITIES AUTHORITY