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MUTUAL AID AGREEMENT THIS AGREEMENT made and entered into this 2 day of Av3v.st- '2005, by and between the CITY OF LEWISTON, a municipal corporation of the State of Idaho; CITY OF MOSCOW, a municipal corporation of the State of ldaho; MOSCOW RURAL FIRE DISTRICT, a fire district organized pursuant to the laws of the State of Idaho; CITY OF PULLMAN. a mw1icipal corporation of the State of Washington; CITY OF CLARKSTON, a mw1icipal corporation of the State of Washington; ASOTIN COUNTY FIRE PROTECTION DISTRICT NO. 1, a fire district organized under the laws of the State of Washington located in Asotin County; CITY OF ASOTIN, a municipal corporation of the State of Washington; and POTLATCH CORPORATION, Lewiston Operation and Administrative Complex, a Delaware corporation; and. WITNESSETH: WHEREAS, each of the parties hereto has an interest in the control of fires, tire protection, emergency medical service, hazardous materials control and/or other major emergency suppo11: and WHEREAS, in the event of a major fire, disaster or other emergency, either pmty may need 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, it is believed each of the parties may have the necessary equipment and persmmel available to enable it to provide such services to the other party to this Agreement in the event of such a major fire, disaster, hazardous materials control, excepting the resources of the North Idaho Emergency Response Team hosted by the Lewiston Fire Department and the Greater Palouse Hazardous Materials Team hosted by the Pullman Fire Department, or other emergency; and, WHEREAS, the equipment and facilities of each party are located in such a manner as to enable each party to render mutual assistm1cc to the other; and, MUTUAL AID AGREEMENT 2005-43 ---PAGE BREAK--- WHERL'AS, i1 is not the intent of any of the parties hereto that this agreement be interpreted to be a joint powers agreement or a creation of any separate legal or administrative entity, and, WHEREAS, each of the parties to this Agreement has determined that it is in the best interests of eaeh party to set forth guidelines for providing mutual assistance to each other in the case of a major fire, disaster or other emergency; now, therefore, L IT IS HEREBY AGREED as follows: REQ! lEST FOR ASSISTANCE. The Commanding Officer or Incident Commander of the party (also known as the Requesting Party) at the scene of an emergency within the bOlmdaries of that party's geographical jurisdiction is authorized to request assistance from another party or parties to this Agreement, if confronted with an emergency situation, at which the Requesting Party has determined a need for equipment or personnel in excess of that available at the Requesting Party's facilities. 2. RFSPONSE TO REQI JEST Upon receipt of a request as provided for in Paragraph No. l of this Agreement, the Commanding Officer of the party or parties receiving the request (also known as the 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. Detennine what available equipment and what available personnel. if any, should be dispatched in accordance with the plans and procedures established by the parties hereto. C. In the event the requested equipment and/or personnel are available, then the Commanding Officer shall dispatch such equipment and personnel to the scene of the emergency with proper operating instructions. MUTUAL AID AGREEMENT 2 ---PAGE BREAK--- D. In the event the requested equipment and/or personnel are not available, then the Commanding Officer shall immediately advise the Requesting Party of such. 3. COMMAND R FSPONSIBII riY AT EMERGENCY SCENE. The Incident Commander of the Requesting Party at the scene of the emergency, to which the response is made, 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 equipment and/or personneL If the Incident Commander specifically requests a senior officer of the Responding Party to assume command, then the Incident Commander shall not, by relinquishing command, be relieve of responsibility for operation. 4. I !ABU ITY. The parties agree that the Requesting Party shall assume liability for and hold the Responding Party harmless from all liabilities that arise out of command decisions or judgments. However, each party hereto agrees to assume responsibility for liabilities arising out of the actions of its own personnel and to hold all other parties harmless there from as to actions relating to performance under this Agreement. 5. R FTI JR N OF EQ! TIPMENT. Upon completion of rendering of assistance, such help as is necessary will be given hy the parties to locate and return any items of equipment to the fire department owning said equipment. All equipment and persmmel used under the terms of this Agreement shall be returned to the Responding Party upon being released by the Requesting Party, or on demand being made by the Responding Pru1y for return of said equipment and personnel. 6. COMPENSATION. Each party agrees that it will not seek from any other pal1y compensation for services rendered under this Agreement. Each pruty hereto shall at all times be responsible to its own employees for the payment of wages and other compensation and for carrying worker's compensation upon said employees; and, each pa11y shall be responsible for its own equipment and shall bear the risk of loss therefore. MUTUAL AID AGREEMENT 3 ---PAGE BREAK--- irrespective of whether or not said personnel and equipment are 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. 7. INSJ TR ANCF. Each party agrees to maintain adequate insurance coverage for its own equipment and personnel. 8. PRE-INCIDFNT Pl The Commanding Officer of the parties may, from time to time, mutually establish pre-incident plans which shall indicate the type and location 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 ensure efficient operation. 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, hoses. and apparatus, so that said equipment can be fully utilized by either of the parties hereto. 9. SHARFD PURCHASING. There shall be no joint or cooperative acquiring, holding and disposing of real or personal property. 10. ADMINISTRATION AND FfNANCF. There is not hereby created any separate legal or administrative entity as might be provided by Chapter 39.34 R.C.W. or by Idaho Code. There shall be no joint or cooperative acquiring, holding and disposing of real or personal property as allowed in R.C.W. 39.34(4)(b), and each party hereto shall be responsible for administrating and financing their separate obligations hereunder. 11. DOCJ 'MFNT CONTROl That a duplicate original of this Agreement shall be filed at the administrative offices of each party. The i\greement shall be effective upon execution by the parties. MUTUAL AID AGREEMENT 4 ---PAGE BREAK--- 12. TERMINATION. This Agreement shall remain in full force and effect from year to year unless sooner terminated as follows: A. A party desiring to tenninate 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 ti.Jture agreements for mutual aid between the parties. 13. AGREEMENT NOT EXCJ !ISIVE. 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 ab>ree in writing to such change. IN WITNESS WHEREOF, fhe parties have caused this Agreement to be executed by its duly authorized representatives the day and year first above written. CITY OF LEWISTON CITY OF MOSCOW MUTUAL AID AGREEMENT AttestQ.._J.u_g_-.J2{;6'C.S Rebecca O'Connor, Clerk ---PAGE BREAK--- MOSCOW RURAL FIRE DISTRICT Board of Commissioners c2 rJc)L- William 0. Oleson. Secretary Board of Commissioners JohnJ herman, C!ty Manager CITY OF CLARKSTON MUTUAL AID AGREEMENT 6 % Attest: / 111/!4 f!!AJ..J . . _ Troy Wo£':'f)lmce Director ---PAGE BREAK--- ASOTIN COUNTY FIRE PROTECTION DISTRICT Commissioner /l ' Patrick Loseth, Commissioner Michael Shuey, IE Safety Manager /Lewiston Operatmg and Administrative Complex MUTUAL AID AGREEMENT AttG Patti Hansen, Clerk