Loading...
FY2009-27 Fire and Rescue Mutual Aid Agreement between the City of Kodiak, KIB, FPA No. 1, and Bayside Fire Station C dy-4.d Ali. Tool .021 FIRE AND RESCUE MUTUAL AID AGREEMENT This Agreement is made and entered into by and between the City of Kodiak ( "the City ") and the Kodiak Island Borough, Fire Protection Area No. 1, Bayside Fire Station ("Bayside"). RECITALS (a) The City and Bayside acknowledge the possibility that fires or other public emergencies may occur within their respective jurisdictions which could reach such proportions as to be impossible to control with their own local equipment, personnel, and resources and therefore find it appropriate that this Agreement be entered into for the mutual protection of life and property pursuant to AS 18.70.150 -160 (relating to the adoption of mutual fire aid agreements), Article. X, §13 of the Alaska Constitution (authorizing intergovernmental agreements for cooperative or joint- administration of municipal functions or powers). (b) The City and Bayside are desirous of entering into this Fire and Rescue Mutual Aid Agreement in order, to memorialize their current understandings and • expectations with regard to the furnishing of fire fighting and emergency services outside the normal and regular area of service by each party. NOW, THEREFORE, for and in consideration of the mutual promises, covenants, terms and conditions herein contained the parties agree as follows: 1. Furnishing of Emergency Fire formally disavow any intention to create, Fighting! and Rescue Assistance through, the execution of this .or.' any :other (a) Each party agrees to respond, to the agreement or through any course of past or extent it deems reasonably prudent and future conduct, a binding contractual right to possible, to requests: for assistance from the require the other to respond, or to respond at • other and to furnish fire fighting and a particular level of resources, to requests emergency. rescue services, utilizing paid for assistance. • and volunteer fire fighters, and fire fighting (b) The term "request for assistance" apparatus and equipment owned and shall mean a request for fire fighting or operated by each of the parties. The emergency aid made by the fire chief, or • judgment as to whether or not it is other personnel who have been authorized reasonably prudent and possible to respond by the chief of the requesting fire to a given request and, if so, to what extent department to make such a request. and with what resources, shall rest exclusively with the party from whom such assistance is sought. Both parties hereby Fire and Rescue Mutual Aid Agreement — CityBayside Page 1 -of4 �a; ;F s r . 2. Determination of Priority (b) Emergency Scene Management. It is mutually understood and agreed that The requesting fire chief, or his the dispatch of any personnel or equipment authorized representative, may request that a in response to a request for assistance shall responding fire chief, or his authorized be subordinate to the needs and representative, assume management responsibilities of the responding fire authority over the control and direction of department as determined by its fire chief all or any part of the fire fighting operations and that his or her judgement as to the level at the fire or emergency;: however, the of resources which should be withheld in requesting fire chief shall not, by order to:respond to any actual or potential relinquishing such control, be relieved of his requests for assistance or public overall control and responsibility for the emergencies within the geographical area operation. regularly served by the responding party shall be conclusive. No violation of this (c) Control of Personnel Agreement shall be considered to have Notwithstanding any other provision occurred if, for any reason, in the judgment herein, the officers, fire fighters'and other of the responding fire chief, a response to a personnel of each fire lighting organization, request for assistance made by the other both the responding or the requesting units, party to this Agreement might jeopardize the shall remain under the control and direction fire or other protection provided to the of their own fire chief or his authorized geographical area regularly served by the representative and shall not become the responding party. agent, employees, or representatives of any other party. 3. Non - liability Without limiting, the generality of the (d) Right to Protect Personnel and foregoing it is explicitly agreed that a party Equipment to this Agreement shall not be responsible or Each -fire chief, both responding and liable forany loss or claims which may requesting, and their authorized result from a failure to respond to a request representative, shall have and retain the right for assistance received from the other party, to refuse to commit their personnel or or from an alleged failure to respond in a equipment to any position which is prompt or timely manner. considered unreasonably dangerous to life of any of their personnel, another person, or to 4. Operational Control equipment. Afire chief, or his authorized (a)'Control of Fire Fighting representative, shall have the sole and The fire chief of the party requesting exclusive right and discretion to determine assistance, or authorized representative, the extent and imminence of any such shall have,the - soleresponsibility for danger. conducting all fire fighting or emergency operations at the scene „however, such 5. Costs and Expense requesting fire chief may delegate Each party shall be -responsible -for all of management authority over all or any part of its own costs or expense, incurred in such operations to any responding fire chief maintaining its equipment, insurance as provided in (b) below. coverage, apparatus, paying salaries, and any and all other items of cost or expense associated with providing services pursuant Fire and Rescue Mutual Aid Agreement — City/Bayside Page 2of4 4 to this Agreement;. provided, however, that 8. Not. Employees or Agents expendable fire fighting material used or Nothing in this Agreement shall be expended by a responding party 'in'its construed to render or establish any officer, activities at the scene, such as fire fighting employee or volunteer of any one of the foam, shall be replaced by the party that parties the agent, employee, representative issued the request for assistance if the or volunteer of any of the other, parties and responding party expending such materials all such personnel shall be and remain, for serves a written claim, therefore upon the all purposes and atl all ';times, the personnel requesting party not later than sixty (60) of the party providing such personnel. days after such materials were used or expended. 9. No Warranty By entering into this Agreement, or 6. Damage and Loss taking any action pursuant.to'it, neither party With the exception of replacement, of is making any representation or warranty, . expendable fire fighting materials as whether express or implied, concerning the provided above, any loss or damage to fire training or reliability of its personnel or that apparatus or other equipment of the of the other party, or with respect to the responding party'incurred or arising: out of safety, durability or reliability of its fire activities in responding to a request for fighting apparatus or equipment or that of assistance pursuant to this Agreement, the other party. Each party expressly including any loss which may occur while disclaims any such express or implied the responding party is traveling to the approval or warranty. scene working at scene, or returning therefrom, shall be the responsibility of, and 10. No Duty to Inhabitants or Third shall'be•aid by, such party responding to Parties the request for assistance. This Agreement shall not be construed as creating or giving rise to any duties on the 7. Immunities to Continue part of either party toward the inhabitants of This Agreement is not intended to, and it the geographical area regularly served by the shall not be construed to, waive, relinquish, other or to the owners of property within alter „amend: or vitiate in any manner such area The parties hereby disclaim any whatsoever,,the privileges or immunities intention of creating third party beneficiaries • otherwise provided by to either of the to this,Agreemeht. parties•hereto;or to any of their officers, employees, volunteers or other agents, 11. Procedures whether in the course of responding to a The fire chiefs of the parties shall request :for assistance under this Agreement establish the manner and method of '` • orlotherwise. Each party and all such requesting assistance /for fire or other individuals shall have and rctam all emergency response under this Agreement. privileges and immunities otherwise Each party shall develop arid - maintain a applicable to the performance of the same or communication system, which=will facilitate similar functions within the party's own the procedures agreed upon. area. Fire and Rescue Aid Agreement City/Bayside Page3:of 4 I 12. - Hazardous Materials Assistance for any emergency involving hazardous materials or hazardous wastes in Fire Protection Area No. I, or in the City will be in accordance with the Terms of this 'r. agreement. 13. Effective Date and Term This term of this agreement is for (5) years and shall become effective immediately upon being: approved by both the. City of Kodiak and the Kodiak Island Borough. This Agreement may be terminated by either party by providing written notice to the other party not less than thirty (30) days prior to. the desired date of termination. CITY OF KODIAK KODIAK ISLAND BOROUGH Recommended for Approval: Recommended for Approval: Rome i • ai Robert Himes Fire Chief Fire Chief Dated: FLO (R Dated:. .1 /i 74.> 9 Approved: Approved: tifee o Cind:' Rick Gifford / City Manager Borough Manage Dated:e.)'l t° h`h Dated;,,?' /a 3 / 9 Attest: Attest: 4049 0 tc, Mai ai ---L I A IL/a; Debra Marlar ova Javier z' • -.y City Clerk Borough C k Dated: p2,/ /e 0 Dated: - q � ; t oe: f Fire and 'Rescue Mutual Aid Agreement - City /Bayside Page 4 of 4 i >r.