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MUTUAL AID AGREEMENT THIS MUTUAL AID AGREEMENT (hereinafter "Agreement") is made and entered into this 30-rk day of lJ\ eu·-di 2015, by and between the City of Moscow, Idaho an Idaho municipal corporation, and the City of Lewiston, Idaho, an Idaho municipal corporation. PRELIMINARY MATTERS Each Party to the Agreement has an interest in the control of fire, fire prevention, emergency medical services, hazardous materials control, and/or other emergency support; and 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, fire prevention, emergency medical service equipment and personnel, hazardous materials control, and/or other emergency support. 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. Each Party 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. The facilities of each Party are located in such a manner as to enable each Party to render mutual assistance to the other; and 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. Each Party to this Agreement asserts, confirms, and represents that it does not have any certain special expertise or specialized training with regard to the above referenced services. Each Party recognizes and agrees to follow all applicable National Incident Management System (NIMS) and Incident Command System (ICS) guidelines and protoc:ols when responding to an incident MUTUAL AID AGREEMENT CITY OF MOSCOW CITY OF LEWISTON PAGE 1OF5 j_D\ 5 - ol ---PAGE BREAK--- AGREEMENT 1) AUTHORIZATION: This Agreement is authorized under Idaho Code Sections 67- 2326 and 67-2339. 2) PURPOSE: The stated purpose of this Agreement is for the Parties to provide m\,Jtual assistance to each other for the control of fire, fire prevention, emergency medical services, hazardous materials control, and/or other emergency support in the event of a major fire, disaster, or other emergency. · 3) REQUEST FOR ASSISTANCE: The Commanding Officer or Incident Commander of the Requesting Party at the scene of an emergency within the boundaries of that Party's geographical jurisdiction is authorized to request assistance from the other Party if confronted with an emergency situation for which the Requesting Party has need for equipment or personnel in excess of that available to the Requesting Party. 4) RESPONSE TO REQUEST: Upon receipt of a request, the Commanding Officer of the Responding Party shall immediately take the following action: • Determine if the Responding Party has equipment and personnel available to respond to the Requesting Party and determine the type of the equipment and number of personnel available. • Determine what available equipment and what available personnel should be dispatched in accordance with the plans and procedures established by the Parties. • In the event the requested equipment and/or personnel are available, the Commanding Officer of the Responding Party shall dispatch such equipment and personnel to the scene of the emergency with proper operating instructions. • In the event the requested equipment and/or personnel are not available, the Commanding Officer of the Responding Party shall immediately advise the Requesting Party of such fact. 5) COMMAND RESPONSIBILITY AT SCENE: The Requesting Party's Incident Commander 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 Responding Party's officer in charge. If the Incident Commander specifically requests a senior officer of the Responding Party to assume command, the Incident Commander shall not, by relinquishing command, be relieved of responsibility for the operation. MUTUAL AID AGREEMENT CITY OF MOSCOW CITY OF LEWISTON PAGE2 OF 5 ---PAGE BREAK--- 6) COMMUNICATIONS: Unless specifically instructed otherwise, the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Responding Party and the Requesting Party. Responding Party personnel should be prepared to furnish communications equipment sufficient to maintain communications between its respectivà operating units. 7) TERM OF DEPLOYMENT: The initial duration of a request for assistance is anticipated to be one day but may be extended, if necessary. The duration of the response depends upon the complexity of the event. 8) SUMMARY REPORT: The Requesting Party shall complete the National Fire Incident Report and will forward Responding Party a copy of this report detailing the incident. 9) LIABILITY: • No Liability for Responding Agency. Except as expressly provided herein, no Party shall be liable for failure to comply with any provision of this Agreement, or (ii) liability arising from providing or refusing to provide Mutual Aid or Automatic Aid under this Agreement. • Mutual Releases. Except as specifically provided herein, each Party hereby forever releases or discharges each other Party, its officers, officials, employees, volunteers and/or agents from any claim related to this Agreement or providing Mutual or Automatic Aid hereunder. • Liability to Other Parties - Damage or Destruction to Apparatus or Equipment. Except as expressly provided herein, the Requesting Agency or any other Party shall not be obligated to pay the Responding Agency or any other Party for any damage to or destruction of any apparatus or equipment used in Automatic or Mutual Aid. This provision shall not apply to the extent this provision would void applicable property insurance available to provide payment for the damage or Loss of such apparatus or equipment. It is the intent of the Parties that the risk of loss to apparatus or equipment will be addressed by each Party through the purchase of property Insurance as opposed to seeking reimbursement from the other Party. • Liability to Third Parties. The term "third party" means any person, firm or entity other than the Parties to this Agreement. With regard to the Automatic or Mutual Aid provided hereunder, each Party shall be responsible for all liability arising from or related to the negligent acts or willful conduct of that Party, its officers, officials, employees, volunteers and/or agents which causes damage to third parties, to the extent and in proportion that such liability is caused by the negligent acts or willful misconduct of that Party, its officers, officials, employees, volunteers and/or agents. MUTUAL AID AGREEMENT CITY OF MOSCOW CITY OF LEWISTON PAGE3 OF5 ---PAGE BREAK--- • Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 10) POST-RESPONSE RESPONSIBILITY:. 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 upon demand being made by the Responding Party for return of said equipment and personnel. 11) COMPENSATION: Each Party agrees that it will not seek compensation from the other Party for services rendered under this Agreement unless certain exceptions apply. Each Party shall at all times be responsible for the payment of wages and other compensation and for carrying workmen's compensation its employees. Each Party shall be responsible for its own equipment and shall bear the risk of loss therefore, whether or not said equipment is 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 other Party for the actual cost of such chemicals. In the event the incident evolves into a State Mobilization funded by the State of Idaho, the Requesting Party will assist the Responding Party in obtaining re imbursement from the State. 12) INSURANCE: Each Party agrees to maintain adequate insurance coverage for its own equipment and personnel. 13) PRE-INCIDENT: The Commanding Officers of the Parties may, from time to time, meet to establish pre-incident plans which 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 such circumstances, the number of personnel that should be 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 are feasible to standardize equipment such as couplings, hose, and apparatus, so that said equipment can be fully utilized by either Party. 14) TERMINATION: This Agreement shall remain in full force and effect for five years from its effective date, unless terminated prior to that in the manner set forth below. After five years, this Agreement will remain in effect on a year-to-year basis, or until either Party terminates with the thirty (30) day notice provision of this Agreement or ßs set out in any new agreement that may be entered into by the Parties. Any Party may terminate their participation in this agreement prior to expiration as follows: • 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 MUTUAL AID AGREEMENT CITY OF MOSCOW CITY OF LEWISTON PAGE40F 5 ---PAGE BREAK--- served not less than thirty (30) calendar days prior to the termination date set forth in that written notice. The written notice shall automatically terminate this Agreement on the date specified therein unless rescinded in writing prior to that date. • Termination of this Agreement shall not preclude future mutual aid agreements between the Parties. 15) INTERGOVERNMENTAL COOPERATION ACT PROVISIONS. • No Separate Enti.ty Created. This Agreement does not establish a separate legal entity, joint board, or administrative section for the purpose of acquiring, managing, or disposing of property, or any other financial obligation allowed under the Act. • Admi.ni.strati.on. Unless the Parties otherwise agree, there shall be no lead agency responsible for the administration of this Agreement. This Agreement shall be administered jointly by the chief officers of the respective Parties. • Property Ownership. This Agreement does not provide for jointly owned property. All property presently owned or hereafter acquired by either Party to enable it to perform the services required under this Agreement shall remain the property of that party in the event of the termination of this agreement. 16) BENEFITS. This Agreement is entered into for the benefit of the Parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons. 17) EFFECTIVE DATE: appearing above. CITY OF MOSCOW, IDAHO Bill Lambert, Mayor CITY OF LEWISTON, IDAHO MUTUAL AID AGREEMENT CITY OF MOSCOW CITY OF LEWISTON ATTEST: PAGE50F5