[Ord. 6871, passed 2-27-1986]
This article shall be known and referred to as "The City of
New Castle Mutual Fire Services Assistance Article."
[Ord. 6871, passed 2-27-1986]
The conditions of the agreement to be entered into between the
participating municipalities are generally as follows:
(a) Each municipality shall take all steps necessary to comply with the
requirements of the Act of July 12, 1972, P.L. 180, 53 P.S. Section
481, et seq., so as to give fully force and legal effect to the mutual
aid agreement as soon as possible.
(b) The municipalities which are a part to the agreement shall agree
to provide upon proper request, fire department assistance to the
party requesting such assistance on either an actual or stand-by basis.
(c) The extent of assistance to be furnished shall be determined solely
by the municipality furnishing such assistance and it is understood
that assistance so furnished may be recalled at the sole discretion
of the furnishing party.
(d) Methods of requesting such assistance shall be as from time to time
agreed by the parties. The firefighters and all officers responding
to such request for assistance shall be governed by a chain of command
to be agreed upon from time to time by the parties.
(e) The firefighters rendering such assistance shall not be considered
for any purpose to be employees of the municipality to which such
assistance is being rendered. All employment rights and wage compensation
for work performed in or for any municipal party to this agreement
shall be the responsibility of the firefighter's regular employing
municipality. Vehicles and all equipment furnished in or for mutual
aid assistance shall be operated by personnel of the municipality
furnishing the equipment.
(f) Under no circumstances shall privately owned vehicles and/or equipment
be utilized in mutual aid assistance unless commandeered or authorized
by the commanding fire officer of the municipality, in which such
emergency, disaster or widespread conflagration or threat thereof
shall exist.
(g) If, while rendering assistance pursuant to the mutual aid agreement,
personnel injury, death or property damage or loss occurs outside
of the territorial limits of the municipality rendering mutual assistance,
the municipality rendering such assistance and/or their contracted
insurance carrier shall be liable for all legally determined damages
that shall pertain to the rendering municipality. Each municipal party
to this agreement agrees to obtain sufficient insurance coverages
to meet their responsibility hereunder. Such coverage shall include
worker's compensation, vehicular comprehensive and collision,
bodily injury in minimal amount of $50,000 liability, false arrest
and general liability insurance in the minimal amount of $100,000.
(h) The mutual aid agreement shall not be construed to impose an obligation
on any municipal party to respond to a request for mutual aid assistance.
At any time such assistance is requested, the municipal party so requesting
may, for any reason, deemed it advisable not to respond and may so
inform the requesting municipality.
(i) The mutual aid agreement shall provide that any party thereto may
withdraw at any time upon 30 days' written notice to all of the
other parties. Such agreement shall also provide that other municipalities
may become parties to the agreement upon acceptance and execution
thereof and upon approval by the governing bodies of the municipalities.
[Ord. 6871, passed 2-27-1986]
The term of the agreement shall be perpetual but with rights of termination as herein above set forth in Section
191.02.
[Ord. 6871, passed 2-27-1986]
The purpose and objective of the agreement is to establish and
provide a system by which municipalities may request assistance from
the fire service organizations of other member municipalities in the
event of fire, emergency or disaster.
[Ord. 6871, passed 2-27-1986]
The terms of the mutual aid agreement shall be administered
by the governing body of the municipality and the respective paid
or volunteer fire company of the municipality. The governing body
of the municipality may join with other municipalities' party
to the agreement in the formation of a conference committee or other
organization to insure proper operation of the agreement.
[Ord. 6871, passed 2-27-1986]
All ordinances or resolutions or parts of either which are inconsistent
herewith are hereby repealed to the extent of such inconsistency.