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HomeMy WebLinkAboutResolution No. R18-20WHEREAS, the City's fire department and firefighting agencies throughout Yellowstone County best serve the city and county citizens by agreeing to mutually aid one another should the need arise; and WHEREAS, the firefighting agencies previously reached a collective agreement that accomplishes this objective and such agreement currently needs modification to add a new fire suppression organization created by the Yellowstone County Commissioners; and WHEREAS, City staff has reviewed the attached Addendum #1 and finds it acceptable and in the best interest of the City. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel, Montana, that the Mayor is authorized to sign the attached Addendum #1 to the existing Yellowstone County Mutual Aid Agreement on behalf of the City of Laurel. Introduced at a regular meeting of the City Council on May 15, 2018, by Council Member Herr 2018. PASSED and APPROVED by the City Council of the City of Laurel this 15th day of May APPROVED by the Mayor this 15th day of May 2018. CITY OF LAUREL Thomas C. Nelson, Mayor A Be f, g)" - Treasurer Approved to f Sam Painter, Civil City Attorney R18-20 Addendum to the Yellowstone County Mutual Aid Agreement ORIGINAL YELLOWSTONE COUNTY ALL RISK MUTUAL AID AGREEMENT PURPOSE This agreement is made between the undersigned Fire Organizations in Yellowstone County and supersedes any prior county wide mutual fire protection agreements. AUTHORITY WHEREAS, the signatory parties are vulnerable to natural, man-made or war caused disasters such as, but not limited to: range, timber, and structure fires, floods, tornadoes, hazardous materials emergencies, earthquakes, winter storms, or enemy attack, which could overtax or exhaust local resources; and WHEREAS, the signatory parties desire to augment fire protection in their areas pursuant to Sections 7-33-2108, 7-33-2202, 7-33-4112 and 10-3-202 MCA; and WHEREAS, it is beneficial for them to render mutual assistance in accordance with these terms and it is in the public's interest that a mutual aid agreement is implemented; NOW, THEREFORE, IT IS UNDERSTOOD AND AGREED AS FOLLOWS: 1. DEFINITIONS A. "Agency" means any signatory fire department or fire company. B. "Requesting Agency" means the agency asking for assistance. C. "Responding Agency" means the agency sending assistance. D. "1.C." means Incident Commander or person in charge of the operation/situation. E. "Yellowstone County Fire Council" means the member agencies of that organization as established by the by-laws for the Yellowstone County Fire Council. The Yellowstone Fire Council is comprised of most Rural and Municipal Fire Departments in Yellowstone County. 2. DURATION AND REVIEW A. Duration: This agreement shall be effective upon execution by all agencies and shall continue thereafter unless amended or terminated. Any agency may withdraw from the agreement by giving at least thirty (30) days written notice to all other agencies. B. Review: Any agency may request a review of the agreement by sending proposed amendments to the Yellowstone County Fire Council. Each member agrees that the Fire Chiefs or their representatives shall meet at least annually to review availability of equipment, material and personnel, and to reassess coordination of operations. The Fire Chiefs may schedule emergency drills to assure response capability and effectiveness, providing the participating members agree to the drill. 3. OPERATIONS A. REQUEST AND RESPONSE I . The Fire Chief or designee from any participating agency may request assistance from any other agency or agencies only when it is determined that such assistance is essential to protect life and property. 2. A request for assistance should include the type of equipment, the number of personnel, and specify the location where needed. Giving assistance is not mandatory, however, if an agency cannot give assistance, it shall inform the requesting agency that assistance cannot be given. Pagel of 4 The responding agency shall determine what equipment and/or personnel can be provided and then dispatch the designated equipment and\or personnel. Each member agrees that equipment, material and\or personnel may be withheld or withdrawn by the responding member's own authority. B. COMMAND AT THE FIRE SCENE Personnel from the responding agency shall report to the requesting agency's IC. The incident commander of the requesting party has overall responsibility for command of the resources provided by the responding party. However, the responding agency's own staff shall remain in control of the operation of the responding agency's equipment according to the responding agency's policies. 2. The nationally recognized Incident Command System (N1MS) shall be utilized by all agencies. C. RELEASE FROM THE SCENE A requesting agency shall release a responding agency when services are no longer required or when the responding agency is needed for fire protection or other emergencies in its own jurisdiction. COMPENSATION Each party agrees that it will not seek from the other party compensation for services rendered under this Agreement. Each party hereto shall at all times be responsible to its own employees for the payment of wages and other compensation and for carrying workmen's compensation upon said employees; and each party shall be responsible for its own equipment and shall bear the risk of loss therefore, irrespective of whether or not said personnel and equipment are being used within the area of primary responsibility of that party. However, if the fire suppression chemicals are utilized by the responding party, the requesting party shall compensate the other party for the actual cost of such chemicals. 2. If any costs incurred by any agency in situations where this Agreement has been implemented are reimbursable, due to county, state or presidential disaster declaration, item 1 becomes null and void in areas included under a disaster declaration in order to allow appropriate reimbursement. RESPONSIBILITY AND LIABILITY A. PREPAREDNESS AND SAFETY Each agency shall be responsible to see that its own equipment is properly maintained and safely operated and its personnel are properly trained. A responding agency will not be required to take action where the safety of personnel and equipment is in question. 3. Personnel of a responding agency shall be considered to be acting under the lawful orders and instructions of their own agency to and from the operation. They are not to be considered personnel or employees of any other agency. Page 2 of 4 B. INDEMNIFICATION: The Requesting Agency shall indemnify, defend, save, and hold the Responding Agencies harmless from any and all claims, cause of action, lawsuits, damages, judgments, liabilities, and litigation costs and expenses including reasonable attorneys' fees and costs, arising from any wrongful or negligent act, error or omission of the Requesting Agency or any agent, employee or subcontractor as a result of the Requesting Agency's performance pursuant to this Agreement. 1. The Requesting Agency shall not indemnify, defend, save, and hold the Responding Agencies harmless from claims, causes of action, lawsuits, damages, judgments, liabilities, and litigation costs and expenses or attorneys' fees and costs arising from wrongful or negligent acts, errors or omissions solely of the Responding Agency occurring during the course of or as a result of the performance of this Agreement. 2. Where claims, lawsuits or liability, including attorneys' fees and costs arise from wrongful or negligent acts of both the Requesting Agency and Responding Agency or Agencies, the Requesting Agency shall indemnify, defend, save, and hold the Responding Agency or Agencies harmless from only that portion of claims, causes of action, lawsuits, damages, judgments, liabilities, and litigation costs and expenses including attorneys' fees and costs, which result from the Requesting Agency's wrongful or negligent acts occurring as a result from the Requesting Agency's performance pursuant to this Agreement. C. INSURANCE: Each party to this agreement shall, at their expense, obtain and keep in full force and effect adequate insurance against general liability, automobile liability and physical damage, with policy limits of not less than $1,500,000 per occurrence, and worker's compensation to cover loss, damage, or injury to persons or property which might arise out of the performance of their duties under this agreement. Each entity shall produce a copy of the Certificate of Insurance to every agency of this agreement annually and not later than September i°, of each year, or upon request. 6. FILING OF AGREEMENT A. The original of this agreement shall be filed with the Yellowstone County Clerk and Recorder. B. Copies shall be filed with each agency. ADMINISTRATION OF AGREEMENT A. This agreement shall be administered by representatives from each agency involved. B. The agreement shall be in effect when two (2) or more agencies are signatory to this agreement. This agreement shall become effective on the day of &6exA4ev—, 2011, by and between all agencies identified and signed below: BLUE GREEK VFD BROADVIEW VFD Rick czBT 2- �ie>;Li!ltl� !►cnv;s .�l;w. �ci�es tr'r< C41 Print Name and Title TH d Title id Dae and Date Page 3 of 4 CUSTER VFD Oji%�o w f `fid tit �is,ti eo�ol ('��,1� F= Print Name and Title S(gnatuq ant Date LOCKWOOD FIRE DISTRICT Wit t14 -m &nj j �� rin� t ame and itle Signature and ate MOLT VFD ,0e, t,4 -,h go—EpZ , «4 � Print Name and Title Signature and Date BOARD OF COUNTY COMMISSIONERS YELLOWSTONE COUNTY MONTANA CITY OF LAUREL BY: J TI LEfI'�Lc DATE:4 ATTEST: Cier ' ecorder Page 4 of 4 HALEY BENCH VFD Print Name and Title Signature and Date SHEPHERD VFD Pff,L,A f Htf2.S P ' ame itle SigrWure and Date WORDEN VFD . -'—, jj o 0 - Print Name and Title wiI Signature and to CITY OF BILLINGS TITLE: CLt A W o Y t DATE: 11 II YELLOWSTONE COUNTYALL RISK MUTUAL AID A DREEMENT- ADDENDUM #1 WHEREAS, Yellowstone County Board of County Commissioners created a newfire suppression organization within Yellowstone County who wishes to participate in the YELLOWSTONE COUNTY ALL RISK MUTUAL AIDAGREEMENT, originally executed 13 December, 2011 and WHEREAS, existing signatory parties wish to have the participation in the YELLOWSTONE COUNTYALL RISK MUTUAL AIDAGREEMENT expanded with no changestothe existing languageto continue to provide a coordinated, cooperative response to all risk incidents within Yellowstone County. THEREBY, the fire organizations participating in the YELLOWSTONE COUNTY ALL RISK MUTUAL AID AGREEMENT is expanded to include all signatory parties as executed below with no changes to the original terms of the agreement. Blue Cree k VFD Print Name and Title Signature and Date Broadview VFD Print NAedTitI l 3 jS� Signature and Date Custer VFD Haley Bench VFD Hilt 0e tl. A -e'aw `cS Print Name and Title Print Name and Title Si ture Vd bite Sig tune and Date 31jjZo i8 Lockwood Fire District "'bilm -VWLgy cr& C',oe- Print Name and Title ignature and Date C7' Molt VFD Print Name and Title Signature and Date Fuego VFD :K' ARC ��i3p2,�1� e, r Print Name and Title 6WL Signature and Date Board of County Commissioners Yellowstone County, Montana Date: C©% +� ATTEST: Clerk and fa order, Yellowstone County Shepherd VFD Prin a e and Title Signa re and Date Worden VFD Print Na e,and Tit) � Sign V e and Date EWA P. WWWAVIM IAAM City of Laurel Title: Date Z©t8