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I I MUTUAL ASSISTANCE AGREEMENT THIS AGREEMENT is made by and between the CITY OF MOSCOW and WASHINGTON STATE UNIVERSITY, an institution of higher education of the State of Washington, under the authority of RCW 39.34, RCW 52.12.031(3), and Idaho Code 67- 2332. WHEREAS, each of the parties hereto has an interest in the control of fire, fire prevention, emergency medical services, hazardous materials control, and/or other emergency support; and WHEREAS, each of the parties owns and maintains equipment and retains personnel who are trained to provide various levels of service in the control of fire, frre prevention, emergency medical services, hazardous materials control, and/or other emergency support; and WHEREAS, in the event of a major fire, disaster or other emergency, either party may need the assistance of the other party to this Agreement to provide supplemental fire suppression, emergency medical service equipment and personnel. hazardous materials control, and/or other emergency support; and WHEREAS, each of the parties may have the necessary equipment and personnel available to enable it to provide such services to the other party to this Agreement in the event of such a major fire, disaster, or other emergency situation; and WHEREAS, the facilities of each party to this Agreement 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 hy each of the parties, it is hereby agreed as follows: I. CONTRACT ADMINISTRATORS The WASHINGTON STATE UNIVERSITY Fire Services Fire Chief and the CITY OF MOSCOW Fire Chief shall jointly serve as contract administrators. MUTUAL ASSISTANCE AGREEMENT 96-09 ---PAGE BREAK--- II. REQUEST FOR ASSISTANCE The Commanding Officer or Incident Commander of the party responding to an emergency within the boundaries of that party's geographical jurisdiction ("Requesting Party") is authorized to request assistance from the other party to this Agreement if confronted with an emergency situation at which the Requesting Party determines it has need for equipment or personnel in excess of that available at the Requesting Party's facilities. Ill. RESPONSE TO REQUEST Upon receipt of a request as provided for in Paragraph No. II of this Agreement, the Commanding Officer of the party receiving the request ("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 what available personnel should be dispatched in accordance with the plans and procedures established by the parties; C. In the event the requested equipment and/or personnel are available, the Commanding Officer shall dispatch such equipment and personnel to the scene of the emergency with proper operating instructions; and D. In the event the requested equipment and/or personnel arc not available, the Commanding Officer shall immediately advise the Requesting Party of such fact. IV. COMMAND RESPONSIBILITY AT EMERGENCY SCENE The Incident Commander of the Requesting Party shall be in command of the operations under which the equipment and personnel sent by the Responding Party shall serve; provided, however, that the responding equipment and personnel shall be under the immediate supervision of the officer in charge of the Responding Party. If the Incident Commander of the Requesting Party specifically requests a senior officer of the Responding Party to assume command, then the Incident Commander of the Requesting Party shall not, by relinquishing command, be relieved of responsibility for the operation. MUTUAL ASSISTANCE AGREEMENT 2 ---PAGE BREAK--- v. LIABILITY Each party hereto agrees to assume responsibility for liabilities arising out of the actions of its own personnel and to hold the other party hereto harmless therefrom as to actions relating to the performance under this Agreement; providing, however, that the Requesting Party shall assume liability for and hold harmless all other parties from any and all liabilities which arise out of, or are directly attributable to the command decisions or judgment of the Requesting Party. VI. POST-RESPONSE RESPONSIBILITY Upon the completion of rendering aid the participating parties shall render such assistance and help as is necessary 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 Responding Party after release by the Requesting Party, or upon the Responding Party's demand for return of said equipment and personnel. VII. COMPENSATION Each party agrees that it will not seek from the other party compensation for services rendered under this Agreement. Each party hereto shall at all times be responsible to its own employees for the payment of wages and other compensation and for carrying workers' compensation upon said employees. 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. VIIJ. INSURANCE The CITY OF MOSCOW agrees to maintain adequate insurance coverage for its own equipment and personnel. WASHINGTON STATE UNIVERSITY, as an agency of the State of Washington, self insures all of its general liability exposure. IX. PRE-INCIDENT PLANNING The Commanding Officers of the parties may, from time to time, mutually establish pre incident plans which shall indicate the types of 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 MUTUAL ASSISTANCE AGREEMENT 3 ---PAGE BREAK--- dispatched under such circumstances and the training to be conducted to ensure efficient operations. 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 arc feasible to standardize equipment such as couplings, hoses, and apparatus so that said equipment can be fully utilized by either of the parties hereto. X. ADMINISTRATION AND FINANCING There is not hereby created any separate legal or administrative entity as might be provided by Chapter 39.34 R.C.W., or Idaho Code Section 67-2328. Unless separately agreed to by the parties to this Agreement, there shall be no joint or cooperative acquiring, holding and disposing of real or personal property as allowed in R.C.W. 39.34.030(4)(b) or Idaho Code Section 67-2328(b). Each party to this Agreement shall be responsible for financing its separate obligations hereunder, including, if applicable, establishing and/or maintaining budgets therefor. Further, the administration of this Agreement shall be performed by each party separately through the Fire Chief or his or her designee. XI. DOCUMENT CONTROL - EXECUTION A triplicate original of this Agreement shall be filed at the administrative offices of each party. Copies of this Agreement shall be filed with the Moscow City Clerk by the CITY OF MOSCOW and with the Whitman County Auditor by WASHINGTON STATE UNIVERSITY. Prior to this agreement becoming effective, the CITY OF MOSCOW shall file a copy of this Agreement with the Idaho Secretary of State, who shall require an opinion of the Idaho Attorney General that this Agreement does not violate provisions of the Constitution of the United States, the Idaho Constitution or Idaho statutes as required by Idaho Code §67-2329. XII. AGREEMENT NOT EXCLUSIVE This Agreement is not intended to be exclusive as between the parties. Either of the parties may, as that party deems necessary or expedient. enter into separate mutual assistance agreement or agreements with any other party or parties. Entry into such separate agreements shall not change any relationship or covenant herein contained, unless the parties hereto mutually agree in writing to such change. The parties agree, upon the request of the other party to this Agreement, to inform such party of such other mutual assistance agreements that they enter into, and to provide copies of such agreements if requested. MUTUAL ASSISTANCE AGREEMENT 4 ---PAGE BREAK--- XIV. TERMINATION AND EFFECTIVE DATES This Agreement shall become effective after all parties have signed this Agreement and the Agreement has been filed as required by law. This Agreement shall remain in full force and effect until July I, 2004, 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 thirty (30) calendar days prior to the termination date set forth in said written notice. The 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. CITY OF MOSCOW By:,cif'> Paul C. Agidius, Mayor · ATTEST: . J/dner Citttorney MUTUAL ASSISTANCE AGREEMENT WASHINGTON STATE UNIVERSITY / By: ·jw - - Sallie A. Giffen Vice President for Business Affairs Approved as to Form: 5