Full Text
MUTUAL AID AGREEME% 1 ORIGINAL THIS AGREEMENT, made and entered into this 1st day of June 2006, by and between BENNETT LUMBER PRODUCTS, INC., an Idaho corporation; BOVILL FIRE PROTECTION DISTRICT, a fire district organized pursuant to the laws of the State of ldaho; the CITY OF MOSCOW, a municipal corporation of the State of ldaho; the CITY OF PALOUSE and WHITMAN COUNTY RURAL FIRE DISTRICT NO.4, operating under the administration of the Palouse Joint Fire Protection Board; DEARY RURAL FIRE DISTRICT, a fire district organized pursuant to the laws of the State of ldaho; CITY OF GENESEE, a municipal corporation of the State of Idaho; GENESEE RURAL FIRE DISTRICT, a fire district organized pursuant to the laws of the State of ldaho; GENESEE COMMUNITY FIREMEN INC., an Idaho corporation; J-K AMBULANCE, an ambulance district organized pursuant to the laws of the State of Idaho; JULIAETTA VOLUNTEER FIRE DEPARTMENT, a municipal corporation of the State of ldaho; KENDRICK VOLUNTEER FIRE DEPARTMENT, a municipal corporation of the State of Idaho; MOSCOW RURAL FIRE DISTRICT, a fire district organized pursuant to the laws of the State of ldaho; POTLATCH RURAL FIRE PROTECTION DISTRICT, a fire district organized pursuant to the laws of the State of ldaho; TROY RURAL VOLUNTEER FIRE DEPARTMENT, a fire district organized pursuant to the laws of the State of ldaho; TROY VOLUNTEER FIRE DEPARTMENT, a municipal corporation of the State of ldaho; WHITMAN COUNTY FIRE DISTRICT NO. 12, a fire district organized pursuant to the laws of the State of Washington; and WHITMAN COUNTY FIRE DISTRICT NO. 14 (Colton/Uniontown), a fire district organized pursuant to the laws of the State of Washington; MUTUAL AID AGREEMENT June 2006 2006-39 ---PAGE BREAK--- MUTUAL AID AGREEMKN f WITNESSETH: WHEREAS, each of the parties hereto has an interest in the control of fires, fire protection, emergency medical service, hazardous materials control and/or other major emergency support; and WHEREAS, in the event of a major fire, disaster or other emergency, any party may need assistance of the other parties to this Agreement, to provide supplemental fire suppression, emergency medical service equipment and personnel, hazardous materials control, and/or other emergency support; and WHEREAS, it is believed each of the parties may have the necessary equipment and personnel available to enable it to provide such services to the other parties to this Agreement in the event of such a major fire, disaster, hazardous materials control, or other emergency; and WHEREAS, the equipment and facilities of each party are located in such a manner as to enable each party to render mutual assistance to the others; and WHEREAS, it is not the intent of any of the parties hereto that this Agreement be interpreted to be a joint powers agreement or a creation of any separate legal or administrative entity, and WHEREAS, each of the parties to this Agreement has determined that it is in the best interests of each party to set forth guidelines for providing mutual assistance to each other in the case of a major fire, disaster or other emergency; now, therefore IT IS HEREBY AGREED as follows: MUTUAL AID AGREEMENT June 2006 2 ---PAGE BREAK--- I. MUTUAL AID AGREEMENI' REQUEST FOR ASSISTANCE. The Commanding Officer or Incident Commander of the party (also known as the Requesting Party) at the scene of an emergency within the boundaries of that party's geographical jurisdiction is authorized to request assistance from another party or parties to this Agreement, if confronted with an emergency situation, at which the Requesting Party has determined a need for equipment or personnel in excess of that available at the Requesting Party's facilities. 2. RESPONSE TO REQUEST. Upon receipt of a request as provided for in Paragraph No. 1 of this Agreement, the Commanding Officer of the party or parties receiving the request (also known as the Responding Party) shall immediately take the following action: A. Determine if the Responding Party has equipment and personnel available to respond to the request of the Requesting Party, and determine the type of equipment and number of personnel available. B. Determine what available equipment and personnel, if any, should be dispatched in accordance with the plans and procedures established by the parties hereto. C. In the event the requested equipment and/or personnel are available, then the Commanding Officer shall dispatch such equipment and/or personnel to the scene of the emergency, with proper operating instructions. D. In the event the requested equipment and/or personnel are not available, the Commanding Officer shall immediately advise the Requesting Party of such. MUTUAL AID AGREEMENT June 2006 3 ---PAGE BREAK--- 3. MUTUAL AID AGREEME& f COMMAND RESPONSIBILITY AT EMERGENCY SCENE. The Incident Commander of the Requesting Party at the scene of the emergency, to which the response is made, shall be in command of the operations under which the equipment and/or personnel sent by the Responding Party shall serve; provided, however, that the responding equipment and/or personnel shall be under the innnediate supervision of the officer in charge of the responding equipment and/or personnel. If the Incident Commander specifically requests a senior officer of the Responding Party to assume command, then the Incident Commander shall not, by relinquishing command, be relieved of responsibility for operation. 4. LIABILITY. The parties agree that the Requesting Party shall assume liability for and hold the Responding Party harmless from all liabilities that arise out of command decisions or judgments. However, each party hereto agrees to assume responsibility for liabilities arising out of the actions of its own personnel and to hold all other parties harmless therefrom as to actions relating to performance under this Agreement. 5. RETURN OF EQUIPMENT. Upon completion of rendering of assistance, such help as is necessary will be given by the parties to locate and return any items of equipment to the fire department owning said equipment. All equipment and personnel used under the terms of this Agreement shall be returned to the Responding Party upon being released by the Requesting Party, or on demand being made by the Responding Party for return of said equipment and personnel. MUTUAL AID AGREEMENT June 2006 4 ---PAGE BREAK--- MUTUAL AID AGREEMEl'lt' 6, COMPENSATION, Each party agrees that it will not seek from any other party compensation for services rendered under this Agreement, Each party hereto shall at all times be responsible to its own employees for payment of wages and other compensation and for carrying workers' compensation upon said employees; and, each party shall be responsible for its own equipment and shall bear the risk of loss therefor, irrespective of whether or not said personnel and equipment are being used within the area of primary responsibility of that party. However, if fire suppression chemicals are utilized by the Responding Party, the Requesting Party shall compensate the Responding Party for the actual cost of such chemicals. 7, INSURANCE. Each party agrees to maintain adequate insurance coverage for its own equipment and personneL 8, PRE-INCIDENT PLANNING, The Commanding Officers of the parties may, from time to time, mutually establish pre-incident plans which shall indicate the type and location of potential problem areas where emergency assistance may be needed, the type of equipment that should be dispatched under various possible circumstances, the number of personnel that should be dispatched under such circumstances, and the training to be conducted to ensure efficient operation, Such plans shall take into consideration the proper protection by the Responding Party of its own geographical jurisdiction. The parties hereto agree to take such steps as are feasible to standardize equipment such as couplings, hoses, and apparatus, so that said equipment can be fully utilized by any of the parties hereto, MUTUAL AID AGREEMENT June 2006 5 ---PAGE BREAK--- MUTUAL AID AGREEME# t' 9. SHARED PURCHASING. There shall be no joint or cooperative acquiring, holding and disposing of real or personal property. I 0. II. 12. ADMINISTRATION AND FINANCE. There is not hereby created any separate legal or administrative entity as might be provided by Chapter 39.34 R.C.W. or by Idaho Code. There shall be no joint or cooperative acquiring, holding and disposing of real or personal property as allowed in R.C.W. 39.34(4)(b), and each party hereto shall be responsible for administering and financing its separate obligations hereunder. DOCUMENT CONTROL- EXECUTION. A duplicate original of this Agreement shall be filed at the administrative offices of each party. The Agreement shall be effective upon execution by the parties. TERMINATION. This Agreement shall remain in full force and effect from year to year unless sooner terminated as follows: A. A party desiring to terminate this Agreement shall serve written notice upon the other parties of its intention to terminate this Agreement Such notice shall be served not less than ninety (90) ealendar days prior to the termination date set forth in said written notice. Said written notice shall automatically terminate this Agreement on the date specified therein, unless rescinded prior thereto in writing. B. Termination of the relationship effected by this Agreement shall not preclude future agreements for mutual aid between the parties. MUTUAL AID AGREEMENT June 2006 6 ---PAGE BREAK--- MUTUAL AID AGREEMEN t' 13. AGREEMENT NOT EXCLUSIVE. This Agreement is not intended to be exclusive as between the parties hereto. Any of the parties hereto may, as they deem necessary or expedient, enter into a separate mutual assistance agreement or agreements with any other party or parties. Entry into such separate agreement shall not change any relationship or covenant herein contained, unless the parties hereto mutually agree in writing to such change. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives the day and year first above written. BENNETT LUMBER PRODUCTS, INC. ;L Brett T. Bennet½ President MUTUAL AID AGREEMENT June 2006 7 ---PAGE BREAK--- MUTUAL AID AGREEMEl'llt CITY OF MOSCOW Approved as to form: CITY OF PALOUSE AND WHITMAN COUNTY RURAL FIRE DISTRICT NO. 4 Mike Bagott, Fire cflief DEARY RURAL FIRE DISTRICT Tim Jones, Fire Chief Brian Robertson, Fire Commissioner CITY OF GENESEE June 2006 8 ---PAGE BREAK--- MUTUAL AID AGREEMENt GENESEE RURAL FIRE DISTRICT Alan Krick, Commissioner GENESEE COMMUNITY FIREMEN INC. Bill Krick, President J-K AMBULANCE 0 Pat Rush, Vice President JULIAETTA VOLUNTEER FIRE DEPARTMENT . , / / 5R_,z ,v;f{£l:f Mike McGee, Fire Chief MUTUAL AID AGREEMENT June 2006 9 ---PAGE BREAK--- MUTUAL AID AGREEMEN • KENDRICK j9L TEER FIRE DEPARTMENT d; r Val Norris, Fire Chid MOSCOW RURAL FIRE DISTRICT ,2Q(j William 0. Olesen, Jr., Chair ; ' Board of Commissioners es B. DeMeerleer, Treasurer Board of Commissioners POTLATCH RURAL FIRE PROTECTION DISTRICT MUTUAL AID AGREEMENT June 2006 10 ---PAGE BREAK--- MUTUAL AID AGREEME!'Ii • TROY RURAL VOLUNTEER FIRE DEPARTMENT teams, Fue Bert Nelson, Commissioner Kenneth Carlson, Commissioner 0 e anson, CommiSSioner TROY VOLUNTEER FIRE DEPARTMENT Ronald Stearns, Fire Chief WHITMAN COUNTY FIRE DISTRICT NO. 12 MUTUAL AID AGREEMENT June 2006 11 ---PAGE BREAK--- MUTUAL AID AGREEME$ .t WHITMAN COUNTY FIRE DISTRICT NO. 14 (Colton/Uniontown) MUTUAL AID AGREEMENT June 2006 12 ---PAGE BREAK--- Htart of ti-le Arts Nancy J. Chaney Mayor Linda Pall Council President john Dickinson Council Vke President Aaron Ament Council Member Bill Lambert Council Member Bob Stout Council Member John Weber Council Member Gary J. Riedner City Supervisor P.O. Box 9203 Moscow_ !D 83843l1703 Website: www.ci.moscow.1d.us C1ty Hal! 206 East 3rd Street Phone (208) 883-7000 Fax (208) 883-7018 Paul Mwm Building 221 East 2nd Street Heanng impaired (208) 383-7019 August 18, 2006 Mayor Nancy Chaney City of Moscow RE: Mutual Aid Agreement (City of Moscow Fire Department) Dear Mayor Chaney: The purpose of this letter is to inform all signators to the attached Mutual Aid Agreement that the City of Moscow, Idaho interprets the Agreement to require that the requesting fire department shall be the first responder to any call and that there is no obligation to any signator of the Mutual Aid Agreement to respond, except as determined to be appropriate by such responder. The City, by its signature, does not support development proposed in Whitman County adjacent to the western boundary of the City of Moscow. Sincerely, Don Strong Fire Chief Attachment lpm Letter/Fire:MutuaiAidlpm