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COOPERATION AGREEMENT THIS AGREEMENT made this day of !996, by and between the City of Moscow, a municipal corporation of the State of Idaho (hereinafter "Moscow"), and the City of Lewiston, a municipal corporation of the State of Idaho (hereinafter "Lewiston"). WITNESSETH: WHEREAS, both Moscow and Lewiston arc public agencies as defined by Idaho Code Section 67-2327 and are therefore authorized to enter into agreements to cooperate to their mutual advantage pursuant to Idaho Code Sections 67-2326 and 67-2328: and WHEREAS, both Moscow and Lewiston as public agencies enter into this agreement to cooperate to their mutual advantage pursuant to authority granted by Idaho Code and by authority of their governing bodies: and WHEREAS, Moscow and Lewiston have an interest in facilitating emergency response planning and coordination to provide for the prompt response to fires, medical emergencies, and other emergencies: and WHEREAS, each of the parties owns and maintains equipment and employs personnel who are trained to provide various levels of service in the control of fire, fire prevention, emergency medical services, and/or other emergency support; and WHEREAS, in the event of a major fire, disaster, or other emergency situation, each of the parties may need the assistance of the other party to this Agreement to provide supplemental fire suppression, emergency medical service equipment and personnel, and/or other emergency support; and WHEREAS, each of the parties may have the necessary equipment and personnel to enable it to provide such assistance to the other party to this Agreement in the event of such an emergency: and WHEREAS, the geographical boundaries of Moscow and Lewiston are located in such a manner as to enable each party to this Agreement to render assistance to the other party to this Agreement; and WHEREAS, Moscow and Lewiston have determined that it is in the best interests of the public to set forth guidelines for providing assistance to the other party to this Agreement in the case of an emergency situation; NOW, THEREFORE, it is agreed as follows: COOPERATION AGREEMENT Page I 96-17 ---PAGE BREAK--- I. PURPOSE. The purpose of this Cooperation Agreement shall be to delineate the rights and responsibilities between Moscow and Lewiston in providing assistance to the other party to this Agreement, if necessary, as the result of an emergency situation as contemplated by this Agreement. Moscow and Lewiston agree to work together to develop the capacity and procedures to respond to emergencies. The duty of each party pursuant to this Agreement is discretionary, however, each party agrees that it will provide such assistance to the extent that such party determines that it has sufficient equipment and personnel to provide the requested assistance while retaining sufficient equipment and personnel to respond to an emergency situation in such party's own geographical boundaries. 2. TERM. This Agreement shall not be effective until it is approved by the respective City Councils of Moscow and Lewiston pursuant to Idaho Code Section 67-2330. It shall continue in full force and effect for a period of ten (I 0) years unless terminated earlier by thirty (30) day's written notice to the other party to this Agreement. 3. MANNER OF FINANCING AND BUDGET. There shall be no joint financing of activities under this Agreement. No compensation shall be required for services rendered and equipment furnished under this Agreement by either party. Each party agrees to be responsible for the payment of all compensation and benefits for its respective employees who provide assistance to the other party pursuant to this Agreement; provided however, the party receiving the assistance shall reimburse the party providing such assistance for any extraordinary expenses incurred in rendering such assistance, including but not limited to: loss or destruction of equipment, uniforms and supplies (subject to the limitations of paragraph 12 of this Agreement), and any other extraordinary expenses incurred solely by reason of providing the assistance. Each party shall independently budget for expected expenses pursuant to this Agreement. 4. MANNER OF ACQUIRING. HOLDING AND DISPOSING OF REAL AND PERSONAL PROPERTY. There shall be no joint acquiring, holding, or disposing of real or personal property used in administering assistance to the other party to this Agreement. 5. ADMINISTRATORS OF ASSISTANCE. Pursuant to Idaho Code Section 67-2328(d)(l), the parties designate the Moscow City Fire Chief and Lewiston City Fire Chief as Co-Administrators of assistance pursuant to this Agreement. It shall be the duty of such Co-Administrators, or the Chief on Duty, to coordinate all activities and assistance efforts of the parties pursuant to this Agreement. COOPERATION AGREEMENT Page 2 ---PAGE BREAK--- 6. REQUESTING ASSISTANCE. The Chief on Duty of the party (hereinafter referred to as the "Requesting Party" ) at the scene of an emergency situation within the boundaries of that party's geographical boundary, is authorized to request assistance from the other party to this Agreement if confronted with an emergency situation at which: A. There is an emergency which poses a threat to life or property; and B. The Requesting Party has insufficient resources to deal effectively with such emergency. Any request for assistance pursuant to this Agreement shall be made by the Requesting Party's Chief on Duty at the scene of the emergency situation to the Co-Administrator or the Chief on Duty of the other party to this Agreement. The rcq ucst may be oral and shall state the name of the Chief on Duty who is in charge of the emergency situation at the place where the assistance is requested. 7. RECEIVING REQUEST. Upon receipt of a request as provided for pursuant to this Agreement, the Chief on Duty of the party receiving the request (hereinafter referred to as the "Responding Party") shall immediately: A. Determine what resources are needed by the Requesting Party; B. Dispatch the needed resources, if available, in accordance with plans and procedures established by the Co-Administrators; or C. If the needed resources are not available, immediately advise the Requesting Party of such fact. 8. RESPONDING TO REQUEST. In the event that the Responding Party agrees to provide such assistance, the Chief on Duty of the Responding Party shall notify the Chief on Duty of the Requesting Party of the following: A. Type of equipment and personnel which will be dispatched to render assistance; B. Time such assistance will be provided; and C. Name of Chief on Duty of Responding Party. 9. COMMAND OF EQUIPMENT AND PERSONNEL. The Chief on Duty of the Responding Party shall have overall command of equipment and personnel provided to the Requesting Party pursuant to this Agreement. However, the Chief on Duty of the Requesting Party shall have on-site command and direction of the equipment and personnel provided for assistance. The Chief on Duty of the COOPERATION AGREEMENT Page 3 ---PAGE BREAK--- Requesting Party shall always keep the Chief on Duty of the Responding Party advised as to the person who is exercising this command and direction. All personnel who participate in rendering assistance shall be deemed to be loaned servants to the Requesting Party. When the assistance is no longer needed, the Chief on Duty of the Requesting Party shall release his or her command and direct that all equipment and personnel be returned to the Responding Party. Personnel who participate in assistance shall remain the employees of their employer for all purposes, including, but not limited to, the payment of all compensation and benefits with the protection of full insurance and other coverages, including worker's compensation pursuant to Idaho Code Section 67-2338. 10. LIABILITY. The parties agree that the Requesting Party shall hold harmless the Responding Party for all damages of whatever nature which may arise out of command decisions or judgments exercised by the Chief on Duty of the Requesting Party. However, each party agrees to assume responsibility for liabilities arising out of the actions of its own employees and personnel and to hold the other party harmless as to actions relating to performance under this Agreement. I I . STANDARD OF CONDUCT. Each person providing assistance pursuant to this Agreement shall maintain the standards of professional conduct as required by their respective employers. It shall be the sole duty, privilege and responsibility of the party employing such person to determine if there has been any breach of professional standards and to carry out discipline, if any. 12. INSURANCE AND RISK OF LOSS TO EQUIPMENT. Each party shall obtain and maintain adequate insurance coverage for its own equipment and personnel, which insurance shall be effective both in and outside that party's respective boundaries. To the extent that the Responding Party's insurance docs not cover damage to equipment used in providing assistance to the Requesting Party or while in transport, the Requesting Party shall pay for such damage. 13. PRE-INCIDENT PLAN. The Co-Administrators of the parties may mutually establish pre-incident plans which shall indicate the types and locations 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 insure efficient operations. The Co-Administrators shall consider retention of adequate emergency protection for their respective geographic areas when responding to a request for assistance. The parties agree to the extent possible to standardize equipment such as couplings, hoses and apparatus so that all equipment can be used by the other party. 14. OPERATING PROCEDURES. The parties agree to use the Incident Command System (ICS) and Passport Accountability System (PAS) at emergency situations where assistance is required and to abide by and comply with other COOPERATION AGREEMENT Page4 ---PAGE BREAK--- recognized and established procedures and protocols common in modem fire service and protection. 15. AGREEMENT NOT EXCLUSIVE. 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 exi;iing 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. 16. AGREEMENT EXCLUDES NORTH CENTRAL EMERGENCY RESPONSE TEAM. Reference in this Agreement to assistance docs not include any response by or use of the North Central Emergency Response Team, including personnel, vehicles d/ . Of MO. or equipment. • • • • • • · o}t 1t * • • % • • v, ft! • i : 12 I 1887 : 1 J'f. • • .I , /4/,**eilto* E Ojl\ 1'P . . j ? (?c::Jcu / Elaine Russell, City Clerk ATTEST: Rebecca Hubbard, City Clerk agreement\lewiston \sr COOPERATION AGREEMENT CITY OF MOSCOW Paul C. Agidius, ayor CITY OF LEWISTON PageS ---PAGE BREAK--- DATE; i 1 25 J 996 TO: 1nistrat1ve Committee FROM: SUBJECT; The MtJtUa reement 0 ' = ish to ente t, man-power and reaui re dur i terial Y ba 1 r- e 1 these aid v+it an ll -F re i ·ty of Lev-+iston mu tucd aid ag r'E'etn??n to per 152 emergenc_:;_es re fire 1 is way to share and