[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.