HomeMy WebLinkAbout2009-025 - Fire ProtectionBILL NO. 2009-25
ORDINANCE N0.2009-25
AN ORDINANCE APPROVING AN INTERGOVERNMENTAL COOPERATION
AGREEMENT BETWEEN THE CITY OF RIVERSIDE, MISSOURI AND THE CITY OF
KANSAS CITY, MISSOURI FOR THE PURPOSE OF FIRE 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 of Riverside, Missouri and City of Kansas City, Missouri desire to
cooperate and to take the reasonable steps necessary to facilitate fire protection services; and
WHEREAS, the City of Riverside, Missouri and the Kansas City, Missouri 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 IT 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 City of
Kansas City, Missouri 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 aze hereby
authorized and directed to take such further action, and execute such documents, certifications,
and instruments as maybe necessary to cazry 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 ~ DAY OF ~ , 2009.
ATTES 6%~y~
City Cle
Q.7,lt~~
Mayor
AGREEMENT FOR FIRE SERVICE MUTUTAL AID
THIS AGREEMENT is made and entered into this ~~ ~ day of
.~ V IJ~ , 2009, by and between THE CITY OF KANSAS CITY,
MISSOURI, a municipal corporation and THE CITY OF RIVERSIDE, MISSOURI, a
municipal corporation.
WHEREAS, the law of Missouri permits Mutual Aid Agreements between
Municipal Fire Departments, Fire Protection Districts and Fire Protection Associations;
and
WHEREAS, the parties hereto are governmental entities and fire service
organizations qualified under the law to secure to their respective geographical areas the
benefits of mutual aid with each other in fire service equipment, personnel and other
resources for the protection of life and property at the time of a significant emergency
such as fires, emergency medical incidents, rescue incidents, hazazdous material
occurrences and natural disasters; and
WHEREAS, there might arise in one of said fire service organization's
jurisdictions an emergency of such proportion, or under such circumstances, as to require
the assistance of other parties in controlling or managing such significant emergency;
therefore
IT IS MUTUALLY AGREED, for and in consideration of the mutual
agreements between the parties hereto, that:
1. Upon request for mutual aid assistance the requested fire service
organization (hereafter "responding unit") will send equipment, personnel
and other resources to any point within the requesting fire service
organization (hereafter "requesting unit") fire service jurisdiction;
provided, however, that response is to be given only when the fire
department called on for aid, in the judgment of its fire chief, or such
chief's designee, can reasonably furnish such assistance without
unreasonably imperiling the safety of the citizens served by the fire
service organization called upon for aid.
2. The parties agree not to call for assistance unless significant emergency
circumstances exist wherein the requesting unit's resources have been
significantly reduced by emergency responses. The parties mutually
understand and agree that this contract was not entered into for the
purpose of a reduction of stafl"mg by either party.
The authority in chazge of the responding unit, called upon for assistance,
shall be the sole judge of how much assistance can be famished under the
circumstances of each particular case. It is agreed that the parties shall not
be liable in any way to the other, or to its inhabitants, or to any other
person, firm or corporation for any failure to give requested assistance.
4. 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
significant emergency circumstances and 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 as adopted by the Kansas City Area Metro
Chiefs' Council.
c. The responding operational units shall be under the immediate
supervision of the person designated by the responding unit.
d. A responding unit shall be released by the requesting unit when, in
the judgment of the incident commander, the services of the
responding unit aze no longer required. Provided, however, it is
mutually recognized that each party owes its primary allegiance
and fire services to its own citizens. Therefore, the responding unit
may be recalled by its fire chief, or such chiefls designee, if, in that
officer's opinion, a significant need exists for the responding unit
to render services within its normal service area.
Except for reimbursement for consumables, as set forth in Section 6 of this
Agreement below, each party, in consideration of the mutual covenants
herein, does waive any and all claims against the other party for damages
or compensation for loss, damage, personal injury, death, or any other
claim arising as a consequence of performance of services pursuant to the
terms of this Agreement.
Neither party to this Agreement shall be under any obligation to reimburse
the other party for any costs or services incurred pursuant to either the
rendering or the acceptance of equipment or staffing pursuant to the terms
of this Agreement. However, the responding unit shall be reimbursed by
the requesting unit for consumables utilized at the significant emergency
site.
7. It is recognized that the interests herein are mutual. This Agreement is
entered into for the common good of the general public of the parties and
for strictly governmental purposes.
8. A party may cancel this Mutual Aid Agreement, provided a sixty (60) day
advance written notice is mailed or delivered to the other party.
9. The parties may elect to amend or specify additional provisions by adding
a mutually agreed upon written addendum to this Agreement.
IN WITNESS WHEREOF, the parties have executed four (4) counterparts of
this Agreement on the date this Agreement is made and entered into as recorded
above.
THE CITY OF KANSAS CITY, MISSOURI
By:
Fire Department Chief/Director
Attest:
City Clerk or Secretary
Approved as to form and legality:
Attorney
THE CITY OF RIVERSH)E, MISSOURI
By:
Mayor
Attest:
Approved as to form and legality: (/~~
mey
THE CITY OF KANSAS CITY, MISSOURI
By. ~ ~~ .
Richazd A. Dyer
Fire Department Chief
Attest: ~-{~Yl1,C~t0,Q 1~ ~. ery(dL_~
City Clerk or Secretary
Approved as to form and legality:
Alan Holtkamp
Assistant City Attorney
THE CITY OF RIVERSIDE, MISSOURI
By:
Title:
Attest:
City Clerk or Secretary
Approved as to form and legality:
Attorney