Full Text
o n\\1 n MAY 0 9 2011 j\ t)ji AGREEMENT FOR PROVIDING PHYSICAL SECU T - . ' / I PERSONNEL AND SUPPLIES, ASSOCIATED WITH TO F. 1 OFG P .fE ! TRANSPORTING, AND DISPENSING THE STRATEGICNAIIONA:C STOCKPILE IN LEWISTON, IDAHO BETWEEN CITY OF MOSCOW AND PUBLIC HEALTH- IDAHO NORTH CENTRAL DISTRICT THIS AGREEMENT FOR PROVIDING PHYSICAL SECURITY OF PERSONNEL AND SUPPLIES, ASSOCIATED WITH STORING, TRANSPORTING, AND DISPENSING THE STRATEGIC NATIONAL STOCKPILE IN LEWISTON, IDAHO BETWEEN CITY OF MOSCOW AND PUBLIC HEALTH - IDAHO NORTH CENTRAL DISTRICT (hereinafter "Agreement") is entered into this _QL day of May, 2011, by and between City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843 (hereinafter "CITY"), and Public Health - Idaho North Central District, 215 lOth Street, Lewiston, Idaho, 83501 (hereinafter "PUBLIC HEALTH"). W I T N E S S E T H : WHEREAS, pursuant to Idaho Code Title 39, Chapter 4, PUBLIC HEALTH provides services required for the preservation and protection of the public health; and WHEREAS, CITY desires to promote a safe environment and to improve the quality of life of residents of CITY, and wishes to cooperate with PUBLIC HEALTH for such purposes; and WHEREAS, PUBLIC HEALTH wishes to provide safe and timely storage, distribution, and dispensing of all the necessary materials to protect health and safety during a public health emergency that would require deployment of the Strategic National Stockpile; and WHEREAS, PUBLIC HEALTH must arrange for security to protect the Drug Enforcement Administration controlled substances that accompany the Strategic National Stockpile, and P UBLIC HEALTH must arrange for the safety and protection of all individuals who will assist in the dispensing of the Strategic National Stockpile supplies; and WHEREAS, the parties hereto mutually desire to enter into an agreement to ensure the aforementioned security, safety, and protection of the public health, and the safety of personnel and supplies associated with the deployment of the Strategic National Stockpile; NOW, THEREFORE, it is mutually agreed between the parties as follows: 1. CITY agrees that upon request from PUBLIC HEALTH and upon the availability of Moscow Police Department resources as determined by the sole discretion of CITY, it will make available Moscow Police officers to provide security and protection at the point of dispensing site (POD) under the following conditions: Upon receipt of a request by PUBLIC HEALTH, the Commanding Officer of the Moscow Police department receiving the request shall immediately take the following action: PUBLIC HEALTH, CITY (MPD) PHYSICAL SECURlTY OF PERSONNEL, SUPPUES COPY PAGE 1 OF4 Z.al\·1 ---PAGE BREAK--- A. Determine if CITY has equipment and personnel available to respond to PUBLIC HEALTH's request for assistance, and determine the type of equipment and/or number of personnel available; B. Determine what available equipment and/or personnel, if ómy, should be dispatched in accordance with this Agreement; C. In the event the requested equipment and/or personnel are available, the Commanding Officer shall dispatch such equipment and/or personnel to the POD; D. In the event the requested equipment and/or personnel are not available, the Commanding Officer shall immediately advise the requesting party of such. 2. Responsibility at POD. The Incident Commander of POD shall be in command of the operations under which the equipment and/or personnel sent by CITY, if any, shall serve; provided, however, that CITY equipment and/or personnel shall be under the immediate supervision of the CITY officer in charge. If the Incident Commander specifically requests a CITY senior officer to assume command, then the Incident Commander shall not, by relinquishing command, be relieved of responsibility for operation. 3. Compensation. Each party agrees that it will not seek from the other party compensation for services rendered under this Agreement. Each party hereto shall be at all times responsible for 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. 4. Insurance. Each party agrees to maintain adequate msurance coverage for its own equipment and personnel. 5. PUBLIC HEALTH agrees that it shall exercise reasonable care in the conduct of its activities and further agrees to provide the Moscow Police Department with critical information regarding security concerns. 6. PUBLIC HEALTH agrees, to the fullest extent permitted by law, to indemnify and hold harmless CITY against damages, liabilities and costs arising from the negligent acts of PUBLIC HEALTH in the performance of obligations under this AGREEMENT, to the extent that PUBLIC HEALTH is responsible for such damages, liabilities and costs on a comparative basis of fault and responsibility between PUBLIC HEALTH and CITY. PUBLIC HEALTH shall not be obligated to indemnify CITY for CITY's sole negligence; and 7. CITY agrees, to the fullest extent permitted by law, to indemnify and hold harmless PUBLIC HEALTH against damages, liabilities and costs arising from the negligent acts of CITY in the performance of obligations under this AGREEMENT, to the extent that CITY is responsible for such damages, liabilities and costs on a comparative basis of fault and PUBLIC HF.ALTH, CITY (MPD) PHYSICAL SECURITY Of PERSONNEL, SUPPLIES PAGE20F4 ---PAGE BREAK--- J • responsibility between CITY and PUBLIC HEALTH. CITY shall not be obligated to indemnify PUBLIC HEALTH for PUBLIC HEALTH's sole negligence; and 8. CITY'S Representative. CITY shall designate a representative authorized to act on behalf of CITY. The authorized representative shall examine the documents of the work as necessary, and shall render decisions related thereto in a timely manner so as to avoid unreasonable delays; and 9. PUBLIC HEALTH's Representative. PUBLIC HEALTH shall designate a representative authorized to act on behalf of PUBLIC HEALTH. The authorized representative shall examine the documents of the work as necessary, and shall render decisions related thereto in a timely manner so as to avoid unreasonable delays; and 10. This AGREEMENT contains the entire agreement between the parties, and no statements, promises, or inducements made by either party, or agents of either party, are valid or binding unless contained herein. This AGREEMENT may not be enlarged, modified, or altered except upon written agreement signed by the parties hereto. PUBLIC HEALTH may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder without the prior written consent and express authorization of CITY. Any such PUBLIC HEALTH, subcontractor or assignee shall be bound by all of the terms and conditions of this AGREEMENT as if named specifically herein; and 11. CITY and PUBLIC HEALTH hereto warrant by their signature that no employer/employee relationship is established between CITY and PUBLIC HEALTH by the terms of this Agreement. It is understood by the parties hereto that PUBLIC HEALTH is an independent contractor and, as such, neither it nor its employees, if any, are employees of CITY for purposes of tax, retirement system, or social security (FICA) withholding. 12. There shall be no joint or cooperative acquiring, holding and disposing of real or personal property. There is not hereby created any separate legal or administrative entity as might be provided by Idaho Code. Additionally, there shall be no joint or cooperative acquiring, holding, or disposing of real or personal property, as allowed by Idaho Code. Each party hereto shall be responsible for administering and financing its separate obligations hereunder. 13. 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 party of its intention to terminate this Agreement. Such notice shall be served not less than ninety (90) calendar 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. PUBLIC HEALTH, CITY (MPD) PHYSICAL SECURITY Of PERSONNEL, SUPPLIES PAGE3 OF4 ---PAGE BREAK--- 14. 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 THEREOF, CITY and PUBLIC HEALTH have caused this Agreement to be executed and to become effective and operative upon the date of the fixing of the last signature hereto. CITY OF MOSCOW, IDAHO Moscow Police Department PUBLIC HEALTH, CITY (MPD) PHYSICAL SECURITY OF PERSONNEL, SUPPLIES PUBLIC HEALTH- Idaho North Central District Carol Moehrle, District Director PAGE40F4