The Town Council of the Municipality of Kingston does
hereby adopt an ordinance approving the attached mutual aid agreement
with the City of Wilkes-Barre.
The parties hereto agree to allow their individual
fire departments to provide fire protection in the form of assistance
to other municipalities who are parties to this agreement and their
fire departments, in accordance with the terms and conditions set
forth herein. The parties hereto agree to allow their fire departments
to provide apparatus and manpower for this purpose when requested
to do so by any party hereto, who may be in need of such service.
Services of this type shall only be provided when requested by the
senior or officer of record of the municipality's fire department
requesting such mutual aid.
The fire chief and/or the most senior fire department
officer representing the fire department to which mutual aid is being
furnished shall be in charge of all fire emergency operations within
his or her municipality. Any fire department initiating response to
another municipality shall be under the direction of the officer in
charge of the emergency operations to which they are responding during
the course of rendering the requested assistance.
It shall be the responsibility of the officers of
each municipal fire department to determine numbers and types of apparatus
that shall respond when requested, as well as on what types of emergency
calls. These officers shall also be responsible to notify those fire
departments that they earmark to provide mutual aid, in writing, of
their responsibilities and duties in responding to mutual aid assistance
requests.
The parties hereto agree to provide workers' compensation,
or other sufficient insurance to cover their own fire fighters as
they undertake fire fighting operations within and without their municipalities
under the terms of this agreement. Mutual aid responses made by fire
departments under this agreement shall be recognized as authorized
responses of the fire departments by their municipalities. Municipalities
who are parties to this agreement shall also provide errors and omissions
insurance coverage for the officers and members of their individual
fire departments.
The parties hereto further agree to furnish adequate
liability insurance to cover their fire department personnel and apparatus
during responses to mutual aid assistance requests. Municipalities
receiving mutual aid pursuant to this agreement are relieved of any
liability incurred by fire companies other than their own. No party
hereto shall be required to reimburse another municipality or its
fire department for operating expenses incurred for mutual aid responses.
Effect of agreement. The parties hereto agree to bind themselves to the terms of this agreement. No legal liability shall be imposed upon the said parties, or their fire departments, except those concerning compensation, liability and other insurance set forth in Subsection C herein.
Term of agreement. This agreement shall be effective
upon approval, as evidenced below, by the authorized officials of
the respective parties hereto, and shall continue in full force and
effect until terminated. Any party wishing to terminate their involvement
in this agreement may do so by notifying all other parties hereto,
in writing, of their intent to withdraw at least 90 days prior to
the date of termination. Withdrawal by any party from this agreement
shall not affect the responsibilities and duties of the remaining
parties hereto. Upon withdrawal, no mutual aid assistance shall be
provided to or by any party, pursuant to this agreement, after said
party has withdrawn from this agreement.