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Home My WebLink About96- Gallatin County; Mutual Fire Protection Assistance Agreement ....1> :~ '. . .' "t . . to' ,. GALLATIN COUNTY MUTUALPIRE PROTECTION ASSISTANCE AGREEMENT THIS AGREEMENT is made and entered into as of July 1, 1995, by and between the undersigned governments, fire districts and fire service areas in Gallatin county, Madison County, and Park County and supersedes any prior mutual fire protection agreements between or among the signatories. WIT N E SSE T H WHEREAS, the signatory parties desire to augment fire protection in their areas pursuant to sections 7-33-2108, 7-33- 2202, 7-33-2405 and 7-33-4112, MCA; and WHEREAS, it is beneficial for the signatory parties to this , agreement to render mutual assistance in accordance with the terms of this agreement. NOW, THEREFORE IT IS UNDERSTOOD AND AGREED AS FOLLOWS: 1- DEFINITIONS. A. "Agency" means any signatory local government unit, fire district, fire service area, and where appropriate their respective fire departments. Amsterdam Rural Fire District Belgrade City Fire Department Belgrade Rural Fire District Bozeman city Fire Department Bridger Canyon Rural Fire District Clarkston ,Fire Service Area Fort Ellis Fire Service Area Gallatin Canyon Consolidated Rural Fire District Gallatin Gateway Rural Fire District Gallatin county Livingston city Fire Department Madison Valley Rural Fire District Manhattan City Fire Department Manhattan Rural Fire District Park County Rural Fire District No. 1 Paradise Valley Fire Service Area Rae Fire service Area Reese Creek Fire Service Area Sedan Rural Fire District Sourdough Rural Fire District Springhill Fire Service Area Storm Castle Fire Service Area Three Forks city Fire Department Three Forks Rural Fire District west Yellowstone city Fire Department Willow Creek Fire District \..,!. ..... .>> .... .. ':. .(' ...--# 11. . .. . B. "Requesting Agency" means the agency asking for assistance. C. "Responding Agency" means the agency sending assistance. 2. TERM. A. This agreement shall be in effect until June 30, 1996, and shall automatically renew for additional three (3) year periods, unless amended or terminated. Any agency may request a review of the agreement six (6) months prior to an automatic renewal date by sending proposed amendments to all other agencies. B. Any agency may withdraw from the agreement by giving at least sixty (60) days written notice to all other parties. 3. OPERATIONS. A. Reauest and Response. 1. The fire chief or designee from any agency may request assistance from any other agency or agencies only when it is determined that such assistance is essential to protect life or 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 gi ve assistance it shall immediately inform the requesting agency that assistance cannot be given. 3 . A responding agency shall immediately determine what equipment or personnel or both can be spared and then dispatch the designated equipment and personnel. B. Command at Fire Scene. 1. Personnel from the responding agency shall report to the requesting agency's fire chief or designee. The responding agency's equipment and personnel shall be under the immediate supervision and responsibility of the requesting fire chief or designee during the actual operation. 2. The requesting fire chief or designee may request an officer of a responding agency to assume command. However, relinquishing command shall not relieve the 2 , . . '. ( " '~f' ,'\ . ,~ . requesting agency or responsibility for the operation. 3. All operations will be under the incident command system with at least one (1) safety officer present. C. Release from Fire Scene. 1. A requesting agency shall release a responding agency when services are no longer required or when the responding agency is needed for fire protection in its own area. 4. REIMBURSEMENT. A. Fuel and Reasonable Welfare Items. 1.. A requesting agency shall provide fuel and reasonable welfare items for responding agencies. However, responding agencies may elect not to be reimbursed. B. ReSDonses to Area outside of Countv Fire Districts or Service Areas. l- For fires in areas not within a county fire district or fire service area, the fire chief or designee of the first responding agency dispatched by the county shall assume command upon arrival and verify and sizeup the situation. 2. Upon arrival of the fire chief or designee of the organization responsible for fire suppression in the area command will be transferred to this person. 3. If the county rural fire chief or designee determines equipment is necessary for fire suppression, the County shall compensate responding agencies on an hourly rate based on the fire equipment rate handbook (Department of state Lands D.S.L. 300 Manual). Compensation from the County shall be limited to $500 per fire without specific approval of the County commissioners. Responding agencies may elect not to be compensated. 5. RESPONSIBILITY AND LIABILITY. A. Preoaredness and Safetv. l- Each agency shall be responsible to see that its own equipment is properly maintained and safely operated and its personnel properly trained. 3 ~ . . "'r l' .< "'" ,'\ . . . .. 2. A responding agency will not be required to take action where the safety of personnel and equipment is i~ 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. B. Insurance and Damaqes. l- Each agency shall obtain appropriate insurance for its equipment and personnel. Each agency shall obtain liability insurance in the amount of $1,000,000 and shall give written proof of such insurance to the county fire chief, who shall give copies to the county commission. 2. 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. 3. Each agency shall be solely liable for any damage it may do to property or equipment including that damage to property or equipment of third parties in 'the requesting agency's area caused by the acts or omissions of any responding agency acting under the direction of the requesting agency. 4. If equipment or property of an agency is damaged or destroyed by the negligence of another agency, then the agency responsible shall be liable for damages. Authorized representatives of the agencies involved shall recommend a settlement agreement. If an agreement cannot be reached, then the question shall be submitted to a committee made up of the Gallatin County Sheriff, the County Rural Fire Chief, and representatives from each agency involved. The Gallatin County Fire Council Executive Board shall serve in an advisory capacity. If the committee's recommendation is not accepted, an agency may appeal to a court having jurisdiction. 6. INSURANCE BENEFITS. A. Gallatin county agrees to provide insurance for duly enrolled Gallatin County agency volunteer firefighters in at least the following amounts when the person is actively engaged in incident response or during' transportation to or 4 . . . .... .. " ~ \. . . " . from an incident under this agreement: 1- Accidental death or dismemberment - $25,000 2. Accidental medical expense - $10,000 3. Heart attack death benefit - $25,000 B. This coverage will be furnished only for agencies which provide some disability insurance of their own for volunteer firefighters. Membership in the Montana Volunteer Firefighters' Compensation Act is acceptable for this purpose. 7. MONTANA FIRE CODES. A. Applicable Montana Fire Codes apply to this agreement. Agencies not having NSHT 1 1/2" and 2 1/2" hose shall provide adapters to facilitate the use of hose and pumps on incoming equipment. 8. ADDITIONAL OPERATING PROCEDURES. A. Agency fire chiefs are authorized to meet and draft procedures to implement this agreement. Such procedures shall become effective upon ratification by the Gallatin County Sheriff, the County Rural Fire Chief and the agertcy fire chiefs. 9. ADMINISTRATION. SEPARATE LEGAL ENTITY AND PROPERTY. A. No administrator or j oint board is required to effect the purposes of this agreement. B. No separate legal entity is created as a result of this agreement. C. The ownership of property by each agency shall not be effected as a result of this agreement. Property acquired during the term of this agreement shall belong to the agency acquiring the property. 10. FILING OF AGREEMENT. A. The original of this agreement shall be filed with the Gallatin County Clerk and Recorder. B. Copies of this agreement shall be filed with each agency. 5 -~' e . \ ....... l" " ,,~ . ./..- \. . . 11. EFFECTIVE DATE OF AGREEMENT A. This agreement shall be in effect when two (2) or more agencies are signatory to this agreement. IN WITNESS WHEREOF, the signatories hereto have executed this agreement as of the day and year first above written. 6 .." ",..'" -t, .'" . ...... i" . .. .. , , GALLATIN COUNTY MUTUAL FIRE PROTECTION ASSISTANCE AGREEMENT SIGNATURE PAGE CITY OF BOZEMAN Organization City Manager ~~V Z?[J~~ 2-20-96 Title Date ~gnature ATTEST: CITY OF BOZEMAN Organization Clerk of Commission r;~J ~ 2-20-96 Title Sl.gnature Date organization Title Signature Date Organization Title signature Date organization Title Signature Date