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AGREEMENT FOR FIRE RESPONSE AND SUPPRESSION SERVICES THIS AGREEMENT is made by and between the CITY OF MOSCOW, a municipal corporation of the state of Idaho (the "CITY"), whose address is City Hall, Moscow, Idaho 83843, and THE REGENTS OF THE UNIVERSITY OF IDAHO, a public corporation, state educational institution and body politic and corporate organized and existing under the Constitution and laws of the State of Idaho (the "UNIVERSITY"), whose address is Office of Administrative Affairs, University of Idaho, Moscow, Idaho 83844-3149. WHEREAS, the UNIVERSITY requires fire response and suppression services for the University of Idaho Campus area, and other University of Idaho property located within the corporate boundaries of the City of Moscow (hereafter the "Campus"); and WHEREAS, the CITY owns and maintains equipment and administrative personnel and has established a volunteer fire department whose members are trained to provide fire response and suppression servicas; and WHEREAS, the CITY incurs certain expenses in maintaining readiness to provide fire response and suppression services; and WHEREAS, the UNIVERSITY's property is exempt from taxation pursuant to Article VII, Section 4, of the Idaho Constitution; and WHEREAS, the UNIVERSITY pays an annual amount to the CITY for fire response and suppression services; and WHEREAS, the parties agree that it is in their mutual best interests to enter into an agreement for fire response and suppression services. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties hereto agree as follows: 1. NO REPEAL OF MOSCOW FIRE DEPARTMENT AUTHORITY. This Agreement is not intended in any way to void, limit, or restrict any of the authority vested in the City of Moscow or the Moscow Fire Department regarding fire response and suppression and the provision of general fire response and suppression services. Nothing in this Agreement shall relieve the City of Moscow or the Moscow Fire Department of any obligations or responsibilities imposed upon it by law. 2. NO REPEAL OF REGENTS' AUTHORITY. This Agreement is not intended to limit the authority vested in The Regents of_the University of Idaho by the Idaho Constitution, statutes, or laws to exercise general supervision of the University of Idaho. Nothing in this Agreement shall relieve The Regents of the University of Idaho of any obligations or responsibilities imposed upon it by law. AGREEMENT FOR FIRE RESPONSE AND SUPPRESSION SERVICES Page 1 of 5 96-SJ ---PAGE BREAK--- 3. CITY TO PROVIDE FIRE RESPONSE AND SUPPRESSION . The CITY shall provide general fire response and suppression services for the UNIVERSITY. 4. USE OF PROPERTY. The CITY shall remain responsible for acquiring, maintaining, repairing, holding and disposing of its own real and personal property used in this Agreement unless otherwise agreed. 5. UNIVERSITY TO MAKE PAYMENTS. The UNIVERSITY shall pay to the CITY an annual amount of Thirty-Eight Thousand Dollars ($38,000.00) for fiscal year 1996 (October 1, 1995 - September 30, 1996) for fire response and suppression services. The CITY and the UNIVERSITY shall agree to the amount to be paid for services contemplated by the Agreement in subsequent fiscal years. Such amount shall be renegotiated and agreed to prior to May 31 of the year preceding the next succeeding fiscal year. 6. INSURANCE. A. The CITY and the UNIVERSITY shall each maintain such public liability and property damage insurance, including general, products, and automobile liability insurance, as will protect the CITY and the UNIVERSITY from daims for damages because of bodily injury, including death, or damages because of injuries to or as, destruction or loss of use of property, which may arise from operations under this Agreement whether such operations be by the CITY, the UNIVERSITY, or their agents or anyone directly or indirectly employed by them. B. The Regents of the University of Idaho shall be named as an additional insured on the CITY'S policy(ies) only for activities contemplated by this Agreement. The CITY shall be named as an additional insured on the UNIVERSITY's policy(ies) only for activities contemplated by this Agreement. C. All insurance required shall be maintained in full force and effect and shall be maintained at the CITY'S and the UNIVERSITY's expense until this Agreement terminates. D. Certificates of such insurance with additional insured endorsements shall be provided to the CITY and to the UNIVERSITY contemporaneously with the execution and delivery of this Agreement. In addition, each party agrees to notify the other party to this Agreement in writing as soon as practicable in the event a notice of an injury or a claim which involves the other party to this Agreement is received. E. Nothing contained herein shall limit the liability of the CITY or the UNIVERSITY for their own willful or grossly negligent acts. AGREEMENT FOR FIRE RESPONSE AND SUPPRESSION SERVICES Page 2 of 5 ---PAGE BREAK--- 7. PERSONNEL. The Moscow Fire Chief, or designee, is the Incident Commander in fire response and suppression situations. Any volunteers who participate in fire response and suppression under the direction of the Incident Commander are not acting as University of Idaho employees unless fire response and suppression are clearly part of their University of Idaho employment responsibilities. 8. NOTICES. A. Any notice under this Agreement shall be in writing and be delivered in person or by public or private courier service (including U. S. Postal Service Express Mail) or certified mail with return receipt requested or by facsimile (with verification of receipt). All notices shall be addressed to the parties at the following addresses or at such other addresses as the parties may from time-to-time direct in writing: The University: The Regents of the University of Idaho Carol Grupp, Director of Administrative Affairs University of Idaho The City: Moscow, ID 83844-3149 Fax: (208) 885-5504 City of Moscow Gary J. Riedner, City Supervisor P. 0. Box 9203 206 East 3rd Street Moscow, ID 83843-1703 Fax: (208) 883-7018 B. Any notices shall be deemed to have been given on the earlier of: ( 1) actual delivery or refusal to accept delivery, the date of mailing by certified mail, or the day receipt of facsimile delivery is verified. C. Actual notice, however, and from whomever received, shall always be effective. 9. ADMINISTRATION OF AGREEMENT The Regents of the University of Idaho, through the Director of Administrative Affairs, shall be the administrator of this Agreement. AGREEMENT FOR FIRE RESPONSE AND SUPPRESSION SERVICES Page 3 of 5 ---PAGE BREAK--- 10. ASSIGNMENT AND/OR DELEGATION. A. No assignment of this Agreement or of any right accruing under this Agreement or delegation of any duties arising under this Agreement shall be made, in part or in whole, by either party without the written consent of the non-assigning party. B. Notwithstanding any assignment or delegation, the assignor shall remain fully liable on its obligations under this Agreement and shall not be released from performing any of the terms, covenants, and conditions of this Agreement. C. This Agreement is not intended to be exclusive between the parties. Either of the parties may, as that party deems necessary or expedient, enter into other cooperation agreement(s) with any other entity. Entry into such other cooperation agreement( s) shall not change any relationship or covenant herein contained, unless the parties to this Agreement mutually agree thereto in writing. Further, this Agreement shall not replace or supersede any existing emergency response plans, including, but not limited to, the Latah County Emergency Operations Plan or the Idaho Hazardous Materials Incident Command and Response Support Plan. 11. SEVERABILITY. A. If any term or prOVISion of this Agreement shall, to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. B. It is the intention of the parties that if any provision of this Agreement is capable of two constructions, one of which would render the provision void and the other of which would render the provision valid, the provision shall have the meaning which renders it valid. 12. TERMINATION. This Agreement may be terminated by either party upon one year's notice to the other party as provided herein. 13. TERM OF AGREEMENT. This Agreement shall remain in effect until terminated or for five years from the date of the last signature affixed hereto. If this Agreement is not terminated prior to the expiration of the five year term, it shall, after the expiration of that term, continue in effect from year-to-year on the same terms and conditions contained herein unless otherwise renegotiated by the parties. AGREEMENT FOR FIRE RESPONSE AND SUPPRESSION SERVICES Page 4 of 5 ---PAGE BREAK--- 14. APPROPRIATIONS CLAUSE. The UNIVERSITY's obligations and liabilities hereunder are subject to the appropriation of funds from the state of Idaho, which appropriation shall be in the state of Idaho's sole discretion, from revenues legally available to the UNIVERSITY for the ensuing fiscal year for the purposes of this Agreement. If the state of Idaho does not appropriate the funds for the purpose of this Agreement, the Agreement shall terminate and neither party shall have any further obligations hereunder. contracts/mfdagree.doc THE REGENTS OF THE UNIVERSITY OF IDAHO Approved by The Regen;z:fthe University of Idaho on q tq{c;r;., '1996. I CITY OF MOSCOW By: / Paul C. Agidius, ayor ATTEST: AGREEMENT FOR FIRE RESPONSE AND SUPPRESSION SERVICES Page 5 of 5