HomeMy WebLinkAboutGallatin County Mutual Ad Agreement, Fire, Emergency
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Jason Shrauger, Fire Chief
REVIEWED BY: Chris Kukulski, City Manager
Greg Sullivan, City Attorney
SUBJECT: Authorize City Manager’s signature on Gallatin County Mutual Aid
Agreement dated December 7, 2011.
MEETING DATE: March 5, 2012
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Authorize City Manager’s signature on Gallatin County Mutual
Aid Agreement.
BACKGROUND: Montana Code Annotated specifically allows governmental agencies in
the state to enter into mutual agreements to assist each other on large emergency events. Since
the mid-1980’s, the fire service agencies in Gallatin County have relied on Mutual Aid from
neighboring departments to assist each other on large events. These agencies have had a long
standing written agreement that specifies how we operate under mutual aid situations.
Periodically this agreement is reviewed and updated and participant agencies re-sign the
agreement stating their participation in it. The purpose of this consent item is to authorize the
City Manager’s signature on the attached updated agreement on behalf of the City of Bozeman.
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UNRESOLVED ISSUES: None
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: Each signing agency agrees that it will not seek compensation for
services from any signatory agency under this agreement, except as allowed pursuant to federal,
state, and local laws and regulations. This section does not preclude an agency from directly
seeking compensation or reimbursable expenses from a third party.
Attachments: Gallatin County Mutual Aid Agreement, December 7, 2011
Gallatin County Mutual Aid Agreement Signature Page, December 7, 2011
Report compiled on: February 23, 2012
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Gallatin County Mutual Aid Agreement Final 12/07/11
GALLATIN COUNTY
MUTUAL AID AGREEMENT
THIS AGREEMENT will take effect between and among the signing Agencies when two or
more local governments, fire districts or fire service areas in Gallatin County and/or Agencies that
border Gallatin County sign the Agreement. This Agreement will supersede all prior Gallatin
County Fire Agency Mutual Aid Agreements signed by the signatories of this Agreement.
WHEREAS, in the event of a disaster, incident or other emergency, an Agency may need
the assistance of the another Agency or Agencies to this Agreement to provide supplemental fire
suppression, emergency medical service equipment and personnel, hazardous materials control,
and/or other emergency support; and
WHEREAS, an Agency or Agencies may have the necessary equipment and personnel
available to enable it to provide such services in the event of such a disaster, incident or other
emergency; and
WHEREAS, the parties to this Agreement have determined that it is in the best interests
of all parties to set forth guidelines for providing mutual aid in the case of a disaster, incident or
other emergency.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. DEFINITIONS. The following definitions shall apply to this Agreement:
A. “Agency” means any signatory fire district, fire service area, municipality, state agencies
or other legally constituted unit of local government within Gallatin County or that border
Gallatin County.
B. “Disaster” means the occurrence or imminent threat of widespread or severe damage,
injury, or loss of life or property resulting from any natural or artificial cause, including
tornadoes, windstorms, snowstorms, wind-driven water, high water, floods, wave action,
earthquakes, landslides, mudslides, volcanic action, fires, explosions, air or water contamination
requiring emergency action to avert danger or damage, blight, droughts, infestations, riots,
sabotage, hostile military or paramilitary action, disruption of state services, accidents involving
radiation byproducts or other hazardous materials, outbreak of disease, bioterrorism, or incidents
involving weapons of mass destruction.
C. “Emergency” means the imminent threat of a disaster causing immediate peril to life or
property that timely action can avert or minimize.
D. “Incident” means an event or occurrence, caused by either an individual or by natural
phenomena, requiring action by disaster and emergency services personnel to prevent or
minimize loss of life or damage to property or natural resources. The term includes the imminent
threat of an emergency. The term does not include a state of emergency or disaster declared by
the governor pursuant to § 10-3-302, MCA or § 10-3-303, MCA.
E. “Requesting Agency” means the Agency asking for assistance.
F. “Responding Agency” means the Agency sending assistance.
2. PURPOSE The specific purpose of this Mutual Aid Agreement is to provide mutual
assistance to the Agencies for control of fire, fire prevention, emergency medical services,
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Gallatin County Mutual Aid Agreement Final 12/07/11
hazardous materials control, and/or other emergency support in the event of a Disaster, Incident
or other Emergency pursuant to §7-33-2108, §7-33-2202, §7-33-4112 and §10-3-202, MCA.
3. TERM. This Agreement shall remain in full force and effect unless amended or
terminated.
4. REQUEST FOR ASSISTANCE. The fire chief or designee or incident commander
from any Agency may request assistance from any other Agency or Agencies to this Agreement
if confronted with an Incident, Disaster or other Emergency situation at which the Requesting
Agency has need for equipment or personnel in excess of that available to the Requesting
Agency. A request for assistance should include the type of incident or emergency and the type
of equipment, the number of personnel and specify the location where needed. Nothing in this
Agreement precludes a Requesting Agency from making a standing request for assistance for an
emergency service zone with the Gallatin County 911 dispatch system.
5. RESPONSE TO REQUEST. Upon receipt of a request the Responding Agency will
determine if the Responding Agency has equipment and personnel available to respond to the
request of the Requesting Agency and determine the type of the equipment and number of
personnel available. In the event the requested equipment and/or personnel are not available,
then the Responding Agency shall immediately advise the Requesting Agency that assistance
cannot be provided.
6. ASSISTANCE NOT MANDATORY. Providing assistance to a Requesting Agency is
not mandatory.
7. COMMAND AT INCIDENT SCENE. Personnel from the Responding Agency shall
report to the Requesting Agency's fire chief, designee or incident commander. The Responding
Agency's equipment and personnel shall be under the immediate supervision and responsibility
of the requesting fire chief, designee or incident commander during the actual operation. The
requesting fire chief, designee or incident commander may request an officer of a Responding
Agency to assume command. However, relinquishing command shall not relieve the Requesting
Agency of responsibility for the operation. 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.
8. RELEASE FROM INCIDENT. A Requesting Agency shall release a Responding
Agency when services are no longer required or when the Responding Agency is needed for
service in its own jurisdiction or upon direct request from the Responding Agency.
9. OPERATING PROCEDURES. The Agency Fire Chiefs and/or their designee(s) are
authorized to adopt operation procedures, guidelines, policies and plans to implement this
Agreement through the Gallatin County Fire Council.
10. LIABILITY. Each agency shall be responsible for defending claims made against it or its
personnel arising from participation in this Agreement. Agencies shall not be obligated to defend
claims made against another Agency or its personnel.
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Gallatin County Mutual Aid Agreement Final 12/07/11
11. COMPENSATION. Each Agency agrees that it will not seek compensation for services
from any signatory Agency under this Agreement, except as allowed pursuant to federal, state
and local laws and regulations. This section does not preclude an Agency from directly seeking
compensation or reimbursable expenses from a third party.
12. REIMBURSEMENT. A Requesting Agency may provide for fuel and reasonable
welfare items for Responding Agencies; however, Responding Agencies may choose to not
accept those items.
13. INSURANCE. Each Agency agrees to maintain adequate insurance coverage for its own
equipment and personnel.
14. COUNTY SUPPLEMENTAL INSURANCE COVERAGE. Gallatin County, if a party
to this Agreement, agrees to provide supplemental accident and medical insurance coverage, in
amounts determined by Gallatin County no less than $10,000.00 in excess medical and $25,000.00
in excess death benefits, for those Gallatin County Agency firefighters who are injured while
actively engaged in incident response or during transportation to or from an Incident, Disaster or
other Emergency under this Agreement. The supplemental coverage is contingent upon the
Gallatin County Agency having primary workers’ compensation coverage in place prior to any
accident. The insurance policy creating such supplemental coverage shall be available upon request
from Gallatin County.
15. AGREEMENT NOT EXCLUSIVE. This Agreement is not intended to be exclusive as
between parties hereto. The parties may, as that party deems necessary or expedient, enter into a
separate Mutual Aid Agreement or Agreements with any other party or parties. Entry into such
separate Agreements shall not change any relationship or terms of this Agreement unless the
parties hereto mutually agree in writing to such change.
16. ADMINISTRATION, SEPARATE LEGAL ENTITY AND PROPERTY.
A. No joint board or separate legal entity is created by this Agreement.
B. The ownership of property by each Agency shall not be affected as a result of this
Agreement. Property acquired during the term of this Agreement shall belong to the Agency
acquiring the property.
17. FILING OF AGREEMENT. The original of this Agreement shall be filed with the
Gallatin County Clerk and Recorder and copies shall be filed with each Agency.
18. COUNTERPARTS. This Agreement may be executed in one or more counter parts, or
by facsimile, each of which shall be deemed an original but all of which together shall constitu te
one and the same instrument.
IN WITNESS WHEREOF, the undersigned, who are Trustees, Commissioners, Council Members
or designated individuals, have executed this Agreement on behalf of their Fire Department, Fire
District, Fire Service Area, State Agency or unit of local government, as of the day and year by
their names.
END OF AGREEMENT EXCEPT FOR SIGNATURE PAGE(S)
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SIGNATURE PAGE(S)
GALLATIN COUNTY MUTUAL AID AGREEMENT
FINAL 12/07/11
City of Bozeman, Montana
As authorized pursuant to Section 7-33-2201 and 2202, and Section 10-3-202 Montana Code
Annotated
__________________________________________ Date: ________________________
Chris Kukulski, City Manager
City of Bozeman
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