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MUTUAL AID AGREEMENT THIS AGREEMENT has been made and entered into this /Or day of Af>RtL , 1991, by and between the CITY OF MOSCOW, a municipal corporation of the State of Idaho, and WASHINGTON STATE UNIVERSITY, an agency of the State of Washington. WITNESSETH: WHEREAS, the parties have developed an interest in fire protection, emergency medical service, hazardous materials control, and other emergency support; WHEREAS, an agreement of this nature is authorized under Idaho Code 67-2332 and RCW 39.34.080; 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 hazardous materials control; and WHEREAS, in the event of a major fire, disaster, or other emergency, each of the parties may need the assistance of another party or parties to provide supplemental fire suppression, emergency medical service equipment and personnel, and hazardous material control; and WHEREAS, each of the parties may have the necessary equipment and personnel to enable it to provide such services to another to this agreement in the event of such an emergency; and WHEREAS, the geographical boundaries of each party are located in such a manner as to enable each party to render mutual assistance to the other, NOW, THEREFORE, Subject to the terms of this agreement to carry out the purposes and functions described above and in consideration of the benefits to be received and the mutual covenants exchanged herein by each of the parties, it is hereby agreed as follows: I. REQUEST FOR ASSISTANCE The commanding officer or incident commander at the scene of an emergency within the boundaries of his jurisdiction is authorized to request assistance from any part to this agreement, if confronted with an emergency ---PAGE BREAK--- which requires equipment or personnel in excess of that available within the requesting agency. II. RESPONSE TO REQUEST Upon receipt of such request, the commanding officer of the party receiving request shall immediately take the following action: a. Determine if the responding party has equipment and personnel available to respond to the request and determine the type of equipment and personnel available; b. Determine what available equipment and what available personnel should be dispatched in accordance with the plans and procedures established by the parties hereto; c. In the event the needed equipment andjor personnel are available, to dispatch such equipment andjor personnel to the scene of the emergency with proper operating instructions; and d. In the event the needed equipment andjor personnel are not available, to immediately advise the requesting party of such fact. III. COMMAND RESPONSIBILITY AT EMERGENCY SCENE The incident commander of the requesting party shall be in command of the operations, providing that the officer in charge of the responding party shall supervise responding personnel. The incident commander may request advice from the senior officer of the responding party, and the senior officer may give advice to the incident officer. The party giving advice shall not assume liability under paragraph IV for the exercise of command judgment. IV. LIABILITY FOR FIRE PROTECTION AND HAZARDOUS MATERIALS CONTROL Each party hereto agrees to assume responsibility for liabilities arising out of the actions of its own personnel and to hold the other parties hereto harmless therefrom as to actions relating to the performance under this agreement; providing, however, that the party requesting aid shall assume liability for and hold all other parties harmless ---PAGE BREAK--- from all liabilities which arise out of, or are directly attributable to, command decisions or judgment. v. LIABILITY FOR EMERGENCY MEDICAL TRANSPORT Each party agrees to assume responsibility for the actions or omissions of its own ambulance service. VI. RETURN OF EQUIPMENT Upon completion of work, such assistance and help as necessary shall be rendered by the participating parties to locate and return any items of equipment to the party owning said equipment. All equipment and personnel used under the terms of this agreement shall be returned to the lending party upon being released by the requesting party, or on demand being made by the lending party for return of said equipment and personnel. VII. COMPENSATION Each party agrees that it will not seek compensation for services rendered under this agreement from the other party. Each party hereto shall at all times be responsible to its own employees for the payment of wages and other compensation and for carrying workman's compensation upon said employees. Each party shall be responsible for its own equipment and shall bear the risk of loss therefor, unless directly attributable to a negligent command decision of the requesting party. VIII. INSURANCE Each party agrees to maintain adequate insurance coverage for its own personnel. IX. PRE-INCIDENT PLANNING The commanding officers of the parties may, from time to time, mutually establish pre-incident plans which shall indicate the type of and locations of potential problem areas where emergency assistance may be needed, the type of equipment that should be dispatched in various possible circumstances, the number of personnel that should be ---PAGE BREAK--- ) dispatched under such circumstances and the training to be conducted to ensure efficient operation. The parties agree to take such steps as are feasible to standardize such equipment as couplings, hoses, and apparatus to that the equipment can be fully utilized by any of the parties. Such plans shall take into consideration the duty of the responding party to its own service area. X. TERMINATION This agreement shall remain in full force and effect for five years from the date hereof, unless sooner terminated. Any party may terminate their participation in this agreement prior to expiration as follows: a. Written notice shall be served upon the other party of its intention to terminate the agreement. Such notice shall be served not less than thirty (30) days prior to the termination date set forth therein. The notice shall automatically terminate the agreement on the date set out unless rescinded prior thereto in writing. b. Termination of the relationship affected by this agreement shall not preclude future agreements for mutual aid between the parties terminated hereunder. XI. AGREEMENT NOT EXCLUSIVE This agreement is not intended to be exclusive between the parties. The parties may, as they deem necessary or expedient, enter into separate mutual assistance or mutual aid agreements with any other party or parties. Entry into such separate agreement shall not, unless specifically stated therein, affect any relationship or covenant herein containedi provided that no such separate agreement shall terminate any responsibility hereunder unless notice shall be given pursuant to Section X of this agreement. CITY OF MOSCOW WASHINGTON STATE UNIVERSITY by: ' < / Paul c. Agidi{Mayor G A. HARTFORO!R. vr.CE: PRESIDENT Business and Finance. Elaine Russell, erk