Memorandum of understanding between City of Tacoma and The GEO Group’s Northwest Detention Center. This agreement made and entered into this /5” day of___________ 2014 between the Northwest Detention Center (NWDC) and the City of Tacoma (city). WITN ESSETH: WHEREAS, the NWDC is a private immigration prison located in the tide flats within the City of Tacoma, and WHEREAS, the City’s Fire Department (TFD) has a mission to protect people, property and the environment, and WHEREAS each of the parties hereto maintains personnel, supplies, services, and equipment for the preservation of peace, life and property within its own jurisdiction and areas and, WHEREAS, the parties hereto desire to augment life safety and the enforcement of security and control available in and to their various establishments, districts, agencies, and municipalities, WHEREAS, the land or districts of the parties hereto are adjacent or contiguous so that mutual assistance, in the event of an emergency, is deemed feasible, and, WHEREAS, it is the policy of the NWDC, and local agencies and their governing bodies to enter into such agreement whenever practical, and, WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the Tacoma Fire Department (TFD) and NWDC to render assistance to one another to maintain safety, security, and control in accordance with these times: THEREFORE IT IS AGREED THAT: 1. Whenever it is deemed advisable by the Fire Chief of TFD or his designee or the Warden of NWDC or his designee, to request assistance under the terms of this agreement, he or she is authorized to do so, and the senior officer on duty of the party receiving the request shall forthwith take the following action: a. Immediately determine if the requested personnel, supplies, services or equipment from TFD or NWDC, as the case may be, can be spared in response to the call, and whether it is appropriate to do so. b. Determine the exact mission to be assigned in accordance with the detailed plans and procedures of operation drawn in accordance with this agreement by the Fire Chief of TFD and the Warden of NWDC. c. Forthwith, dispatch the personnel, supplies, services and equipment requested, or such personnel, supplies, services and equipment that can be spared, with complete instructions as to the mission in accordance with the terms of this agreement. 2. The following is a list of situational emergencies where additional support/assistance may be requested, but not limited to: Fire Work Strike Disturbance Escape Hostages Mass Casualty Search Adverse Weather Civil Disturbance Environmental Hazard Resident Transportation System Emergency Evacuation Service-wide Lockdown The NWDC may request support/assistance in the form of personnel, supplies, services and equipment from TFD.The said support/assistance may include, but not limited to, augmenting support staff, providing transportation services, and providing supplies and overall logistical support. Supplies may include necessity supplies such as water, food items, paper goods, fuel and any other necessary items in the event of an emergency. The TFD may request support/assistance in the form of personnel, supplies, services and equipment from NWDC. The said support/assistance may include, but not limited to augmenting support staff, providing transportation services and providing supplies and overall logistical support. Supplies may include necessity supplies such as water, food items, paper goods, fuel, and other necessary items in the event of an emergency. In the event of a mass evacuation, all transportation vehicles should arrive equipped with full set of restraints, handcuffs, belly chains and leg irons to appropriately restrain all residents being transported. Residents of NWDC will be relocated to a location agreeable to representatives of both ICE and The Geo Group and to facilities based on available beds. All responding staff shall adhere to the requirements/protocols of the NWDC. 3. The rendering of assistance under the terms of this agreement shall not be mandatory, but the party receiving the request for assistance should immediately notify requesting agency if, for any reason, assistance cannot be rendered. TFD will normally only attempt to fulfill requests within its current scope of services to the community. 4. The party requesting assistance shall assume command of the operations: however, personnel, supplies, services, and equipment of the agency rendering assistance shall be the immediate responsibility of the senior official of the agency rendering assistance. 5. For events within the scope of service of the Tacoma Fire Department, such as fires or emergency medical incidents, mass casualty incidents, or hazardous materials incidents, NWDC agrees that TFD will retain the role of incident command. 6. The Fire Chief of TFD and his designees and the Warden of the NWDC and his designess are invited and encouraged, on a reciprocal basis, to frequently visit each agencies area of responsibility for guided familiarization tours as feasible, to jointly conduct planning and training sessions and/or drills or exercises. 7. The Fire Chief of the TFD or his designees are authorized and directed to meet with the Warden of the NWDC or his designees and draft any detailed plans and procedures of operation necessary to effectively implement this agreement. Such plans and procedures of operations shall become effective as separate agreements upon ratification by the signatory parties. 8. All parties to this MOU will identify key personnel within their organizations to function as points of contact. 9. This agreement shall become effective upon the date hereto and shall remain in full force and effect until canceled by mutual agreement of the parties hereto or by written notice by one party to the other party giving thirty (30) days written notice of said cancellation. 10. Each party shall indemnify, defend, and hold harmless the other, its officials, officers, agents, employees, and volunteers, from any and all claims, demands, damages, lawsuits, liabilities, losses, liens, expenses and costs arising out of the subject matter of this Agreement; provided that this provision shall not apply to the extent that damage or injury results from the fault of a party, or its officers, agents, or employees. The term “fault” as used herein shall have the same meaning as set forth in RCW 4.22.015, as that statute may hereafter be amended. 10. The Parties enter into this MOU while wishing to maintain their own separate and unique missions and mandates, and their own accountabilities. Unless specifically provided otherwise, the cooperation among the Parties as outlined in this MOU shall not be construed as a partnership or other type of legal entity or personality. Each Party shall accept full and sole responsibility for any and all expenses incurred by itself relating to this MOU. Nothing in this MOU shall be construed as superseding or interfering in any way with any agreements or contracts entered into among the Parties, either prior to or subsequent to the signing of this MOU. Nothing in this MOU shall be construed as an exclusive working relationship. The Parties specifically acknowledge that this MOU is not an obligation of funds, nor does it constitute a legally binding commitment by any Party or create any rights in any third party. IN WITNESS WHEREOF, the parties hereto have signed this agreement on the 2014 /y Administrator / Warden Fad Northwest Detention Center Fire Chief Tacoma Fire Department / Deputy City Attorney ‘ft of