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HomeMy WebLinkAbout2009-024 - Fire ProtectionBILL NO.2009-24 ORDINANCE N0.2009-24 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND NORTHLAND CHIEFS COUNCIL, INC. FOR THE PURPOSE OF F1I2E PROTECTION; AUTHORIZING THE EXECUTION THEREOF; AND APPROVING CERTAIN ACTIONS RELATED THERETO. WHEREAS, the City of Riverside, Missouri (the "City") has the responsibility to provide for the general health, safety and welfare of citizens within its jurisdiction and that the provision of fire protection is part of that responsibility. WHEREAS, the City and Northland Fire Chiefs Council Inc. desire to cooperate and to take the reasonable steps necessary to facilitate fire protection services; and WHEREAS, the City and the Northland Fire Chiefs Council Inc. desire to provide fire protection and mutual aid on the terms and conditions in an Intergovernmental Cooperation Agreement in substantially the form set forth in Exhibit A, attached hereto, and in accordance with and pursuant to the provisions of Article VI, § 16 of the Missouri Constitution and Sections 70.210 through 70.325 and Section 320.090 of the Revised Statutes of Missouri, as amended. NOW THEREFORE BE ff ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI AS FOLLOWS: Section 1. The Board of Aldermen hereby approves and authorizes and directs the Mayor to execute the Intergovernmental Cooperation Agreement between the City and the Northland Fire Chiefs Council Inc. in substantially the form as set forth in Exhibit A attached hereto and incorporated herein by reference, the signature of such official being conclusive evidence of such approval. Section 2. The City shall, and the officials, agents and employees of the City are hereby authorized and directed to take such further action, and execute such documents, certifications, and instruments as may be necessary to carry out and comply with the intent of this Ordinance. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED THIS ~'I ~. ATTES ty Clerk AGREEMENT FOR FIRE SERVICE MUTUAL AID THIS AGREEMENT is made and entered into this ~ day ofe7 lh 2008, by and between the NORTHLAND FIRE CHIEFS COUNCIL, INC. AND MISSOURI WHEREAS, 320.090 of the RSMo, Supplement 1990 permits mutual aid between Municipal Fire Departments, Fire Protection Districts, and Fire Protection Associations, and WHEREAS, the two parties are fire service organizations desiring to secure their respective areas the benefits of mutual aid with each other in fire service equipment, personnel, and other resources, hazardous material occurrences, and natural disasters, and WHEREAS, there might arise in one of said fire service organizations an emergency of such proportion, or under such circumstances, as to require the assistance of other parties in control or managing such significant emergencies; IT IS MUTUALLY AGREED, for and in consideration of the mutual agreements between the selected parties, that: (1) The following teens shall have the following meanings when used in this agreement: a. REQUESTING PARTY is a signatory fire service organization hereto that is requesting mutual aid assistance from another fire service organization. b. RESPONDING PARTY is a signatory fire service organization hereto that is called upon to provide mutual aid assistance. (2) Upon receipt for mutual aid assistance, the responding party will: send equipment, personnel, and other resources to any point within the area for which the requesting party normally provides services; however, that response to be given only when responding party, in the judgment of it Fire Chief or designated representative, can reasonably furnish such assistance without imperiling the safety of the citizens served by the responding party. (3) The fire service organization, parties hereto, agree not to call for assistance unless it is an emergency nature; and the circumstances exist where the requesting party's normal resources have been significantly reduced by emergency responses. (4) The authority in charge of the responding party shall be the sole judge of extent and amount of assistance to be furnished under the circumstances of each particular case. It is agreed that the parties shall not be liable in any way to the other or its inhabitants or any other person, firm or corporation for failure to give assistance requested. (5) Any dispatch of equipment and personnel pursuant to this agreement is subject to the following conditions: a) Any request for aid hereunder shall include a statement of the requested resources, and shall specify the location for response. b) The parties agree to operate and coordinate the emergency incident within the organizational framework of the Emergency Incident Command System adopted by the Heart ofAmerica -Metro Fire Chiefs Council. c) The responding party shall be released by the requesting party when, in the judgment of the Incident Commander, the services of the responding party are no longer required. It is mutually agreed that each party hereto owes its primary responsibility and services to its own citizens, and the responding party may be recalled by its Fire Chief, or designated representative, if a need exists for the responding party to return to its service area. (6) Each party, in consideration of this agreement to provide emergency assistance, does not waive any and all claims against each other party thereto for damages or compensation for any loss, damage, personal injury, death, or any other matter occurring as a consequence of performance under this agreement. (7) No party to this agreement shall be under any obligation to reimburse the other party for any costs or service incurred pursuant to rendering of or acceptance of equipment or manpower under the terms of this agreement. The requesting party shall reimburse the responding party for consumable utilized at the incident. (8) It is recognized that the interests herein are mutual and the contract is entered into for a strictly governmental purpose. (9) Any party may cancel mutual aid with the other party, upon providing a sixty (60) day written notice. (10) Parties may elect to specify additional provisions by addendum to this agreement. IN WITNESS WHEREOF, the parties hereunto have executed two (2) counterparts of this agreement the day and year first written. NORTHLAND FIRE CHIEFS COUNCIL, INC. BY: ~/ Chairman THE CITY OF RIVERSIDE, MISSOURI. A ST: Louise Rusick City Clerk BY: ~~~°~ Kathleen L. Rose, Mayor t NFCC Mutual Aid Agreements signed Excelsior Springs Fire Department Liberty North Kansas City Richmond KearneyFRPD Smithville Area FPD Pleasant Valley Southern Plattte FPD Lawson FRPD Fishing River FPD Claycomo Orrick Gladstone Holt Hardin Wood Heights West Platte