19-021 KITTITAS COUNTY MUTUAL AID AGREEMENT

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General Fiscal Provisions The Aiding Jurisdiction will pay the salary and benefits of employees participating in "third position" coverage. The Requesting Jurisdiction may enter into an agreement with an Aiding Jurisdiction to reimburse them for the paid salary and benefits of said participating employees. No payments will be made by the Requesting Agency directly to the participating employee. The rate of pay that may be available for reimbursement shall be no greater than hour for hour, if on regular duty, straight time plus benefits by hour and if on overtime, time and a half plus benefit by hour. Privileges and Immunities It is hereby understood that the Agreement entered into hereunder, and the corresponding plans, shall not supplant pre-existing Mutual Aid Agreements or deny the right of any party hereto to negotiate supplemental Mutual Aid Agreements. It is understood that unless adopted Agreements dictate otherwise, all services and/or resources provided under the terms of this Agreement are furnished and supplied voluntarily and at the discretion of this furnishing agency. The furnishing agency shall have the primary interest of protecting the welfare of its own constituency and does not assume any responsibilities or liabilities in not providing resources and/or services to other parties of this Agreement. The Requesting Jurisdiction shall defend, indemnify, and hold harmless the Aiding Jurisdiction, its agents, employees and officers from any and all liability arising out of the performance of this agreement, whether by act or omission of the requesting jurisdiction, its agents, employees or officers. Such liability shall include but not be limited to, intentional acts, negligence, and violations of prisoner's constitutional rights. The Aiding Jurisdiction shall defend, indemnify and hold harmless the Requesting Jurisdiction, its agents, employees and officers from any and all liability arising out of the performance of this agreement, whether by act or omission of the aiding jurisdiction, its agents, employees, or officers. Such liability shall include, but is not limited to, false arrest and false imprisonment. The Parties' obligations to indemnify, defend and hold harmless shall not extend to injuries, sickness, death or damage caused by or resulting from the sole willful misconduct or negligence of the other Party, it agents, officers, employees or sub -consultants. The Parties' obligations to indemnify, defend and hold harmless for injuries, sickness, death or damage caused by or resulting from the concurrent negligence or willful misconduct of the Parties or of the Parties and a third party other than an officer, agent or employee of the Parties, shall apply only to the extent of the negligence or willful misconduct of each Party. The Parties shall cooperate to the greatest extent possible in the defense of all claims resulting or allegedly resulting from this Agreement. Mutual Aid Agreement for Call Coverage