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HomeMy Public PortalAboutORD16223BILL NO. 2022-004 SPONSORED BY Councilmember Schreiber ORDINANCE NO. J(p 2a6 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING AUTOMATIC AID AGREEMENTS WITH FOUR (4) FIRE PROTECTION DISTRICTS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are authorized to execute an automatic aid agreement substantially in the form set forth in Exhibit A with the Cole County Fire Protection District. Section 2. The Mayor and City Clerk are authorized to execute an automatic aid agreement substantially in the form set forth in Exhibit B with the Holts Summit Fire Protection District. Section 3. The Mayor and City Clerk are authorized to execute an automatic aid agreement substantially in the form set forth in Exhibit C with the Osage Fire Protection District. Section 4. The Mayor and City Clerk are authorized to execute an automatic aid agreement substantially in the form set forth in Exhibit D with the Regional West Fire Protection District. Section 5. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: %--1'12ati i[o, o; -9,d Presiding Offi ATTEST: 41"4946"44:61 Cit Clerk Approved: ofc4, 104)1A.t.t OLtt Mayor Carrie Tergin APPROVED AS TO FORM: ' ·.' AUTOMATIC AID AGREEMENT THIS AUTOMATIC AID AGREEMENT ("Agreement"), made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and the Cole County Fire Protection District, hereinafter referred to as "CCFPD". 1. DUAL RESPONSE AREA. 1.1 Dual Response Area -Geographic Limits. This Agreement shall only apply to structure fires in residential, commercial, recreational and rural properties ("Structure Fires") This Agreement applies to all Structure Fires received by Communications for addresses or occupancies within the areas of the City or CCFPD identified on the map attached hereto as Exhibit A. 1.2 Responsible Department Defined. For the purposes of this agreement, the Department which ordinarily has jurisdiction over the area of the incident will be referred to as the "Responsible Department" and the other Department will be referred to as the department providing aid. 1.3 Situations Where Aid is Provided. All calls for fire services to a Structure Fire within the defined automatic aid agreement area shall result in an automatic, simultaneous response from both fire departments pursuant to Section 2 of the Automatic Aid Agreement. To accomplish this, Communications shall simultaneously dispatch both Fire Departments. This automatic aid Agreement shall be in effect 24 hours a day, seven days a week. 1.4 No Reimbursement for Costs. No party in this Agreement shall be required to reimburse any other party for the cost of providing the services set forth in the Dual Response and/or Automatic Aid sections of this Agreement. Each party shall pay its own costs for responding to the Structure Fire as described is said sections of this Agreement. 2. AUTOMATIC AIDSTAFFED APPARATUS COMPANY RESPONSE. As part of this Agreement, the department providing aid will respond when available with a staffed engine company to all reported or confinned structure fires at locations within the areas of the Responsible Department set forth in section I above. The dispatch of the auto-aid staffed apparatus company will be made with the initial dispatch to the reported fire by Communications. 3. PERSONNEL AND EQUIPMENT. The Fire Chiefs of each Fire Department shall mutually establish a response plan regarding the deployment of personnel and equipment in responding to Structure Fires under this Agreement. In virtually all cases, responses will be consistent with the established protocols. Any other required personnel and/or equipment will be detennined by the Incident Commander in his or her sole discretion. If first arriving responders determine that they can handle the incident with their own available resources, then they shall return the still-responding units. 4. COMMAND AUTHORITY. 4. I Incident Command System. Both Departments will implement the Incident Command System. The first officer at the scene wiU be in command even if it is not their jurisdiction. The initial Incident Commander will remain in command until relieved by either one of his or her superior officers or an officer of the Responsible Jurisdiction. 4.2 Definition of Command. For the purposes of this agreement, the tenn 'Command' will include direction and control of all staffing and equipment committed to the incident. 4.3 Judicious Use of Personnel and Equipment. It shall be the responsibility of the Incident Commander to utilize the staffing and equipment from the jurisdiction providing aid only to the extent that is required to bring the emergency under control. 2 4.4 Order of Release. When practical, the staff and equipment from the department providing aid shall be the first released from the scene of the emergency. 5. REPORTS. The Responsible Department shall be responsible for completing all required reports, including but not limited to, reports mandated by local or state government. 6. COMPENSATION. All services provided by either Fire Department under this Agreement shall be perfonned without monetary compensation. The mutual advantages, protections, and services afforded by this Agreement are mutually agreed to be adequate compensation to both jurisdictions. 7. LIABILITYIINDEMNIFICATION. Each party waives all claims against the other party for compensation for any property loss or damage, and/or personal injury or death occurring as a consequence of the perfonnance of this Agreement. Each party shall bear the liability and/or cost of damage to its equipment and the death of, or injury to, its personnel, whether the death, injury or damage occurs at an emergency within the described boundary. To the extent allowed by law, each department shall indemnify, defend and hold hannless all other parties to this agreement for damages, claims, demands, suits, judgments, costs and expenses arising from loss of or damage to private property and/or the death of or injury to private persons whether caused by either department responding within the parameters of this Agreement. Provided, however, nothing contained herein shall expand the immunity of a party granted to it by law. Each party waives all claims against the other party for compensation for any property loss or damage, and/or personal injury or death occurring as a consequence of any negligent acts, conduct, instructions or commands given by the individual that assumes command (Incident Commander) at any Structure Fire. This provision shall not apply to any acts, conduct, instructions or commands given by an officer in the capacity of Incident Commander, which are later detennined at any time to have been grossly negligent, willful, wanton or reckless. 8. AGREEMENT NOT FOR BENEFIT OF TIDRD PARTIES. This Agreement shall not be construed as or deemed to be, an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by either party hereto shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the jurisdiction which are situated within the respective jurisdictions defined herein. 9. TERM. This Agreement shall commence upon execution of this Agreement by both parties, and shall remain in full force and effect unless terminated as provided herein. This Agreement may be terminated without cause by either Department upon written notice oftennination given to the other party at least thirty (30) days in advance of the effective date of tennination. Notice of termination shall be personally served or mailed, postage prepaid to the address designated beneath the signature of the parties hereto; or to such other address as may be designated by written notice. -',-.... ' ... ' ' ' ,, ·' 10. AMENDMENTS TO AGREEMENT. I 0. I This Agreement contains a ll of the terms and conditions agreed to between the parties. Except as o th erwise specified, this Agreement shall not be amended or altered without the written consent of the parties. I 0.2 Any suc h amend ments shall be mutually agreed upon and require the written consent of the governing bodies of the parties. 11. EXCLUSIONS. 3 Any requests for a id not covered in this Automatic Aid Agreement sha ll be handled und er the day-to-day Mutua l Aid Agreement. 12. PRIOR AGREEMENTS. This Agreement supersedes any ot her previous Agreements , either written or verba l, that may have existed to define the response of the two fire departme nt s in this area. CITY OF JEFFERSON, MISSOURI Carrie Tergin , Mayor Date:. ___ _ C h ief ATTEST: City Clerk APPROVED AS TO FORM: c~ COLE COUNTY FIRE PROTECTION DISTRICT Pres id er /Mayor Date: ---- <( .... ·-.c .t: >< w ..... j" ~· .. I ... .... .. ..... I ·, ; ... ··~ .. :········ ·~.,. ,J •• -- '; ,. • • -· ... J 't , .. ~·· .... ' ,, ! ! ..,,. '\, :~ \ : -~, ..... ·. ,li :f • • ~ ... J.i .. ~ l ~· 1·, .. ~ }~\ ·~ ;. ........ ~ · .. . ........... "~ ... . .•· ·- .... ,,,., ... : ' > Q) ~ ... H r • .. ~' -l .... ;J ll ,_ .... > .~ u c:: 0 lJ') '- Q) ~ Q) -, 0 .j-1 0 0.... LL D > .j-1 c:: :::l 0 u .j-1 Q) c:: 0 Q) u E > .j-1 ..0 '-ru "0 0. <( Q) 0 0 .j-1 Q) :::l .._ <t ·-LL . .. ! 0 .j-1 .j-1 c:: Q) E .j-1 '-ro 0. Q) 0 Q) .._ ·-LL ~D lJ') .._ £ 0 0.... Q) LL -, > > .j-1 ..0 c:: "0 :::l 0 <t u 0 Q) .j-1 :::l 0 <t u !! ''" ... H \ 3 f i l I ~ .... '· ' , . ' AUTOMATIC AID AGREEMENT THIS AUTOMATIC AID AGREEMENT ("Agreement"), made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and the Holts Summit Fire Protection District, hereinafter referred to as "HSFPD". 1. DUAL RESPONSE AREA. 1.1 Dual Response Area -Geographic Limits. This Agreement shall only apply to structure fires in residential, commercial, recreational and rural properties ("Structure Fires") This Agreement applies to all Structure Fires received by Communications for addresses or occupancies within the areas of the City or HSFPD identified on the map attached hereto as Exhibit A. 1.2 Responsible Department Defined. For the purposes of this agreement, the Department which ordinarily has jurisdiction over the area of the incident will be referred to as the "Responsible Department" and the other Department will be referred to as the department providing aid. 1.3 Situations Where Aid is Provided. All calls for fire services to a Structure Fire within the defined automatic aid agreement area shall result in an automatic, simultaneous response from both fire departments pursuant to Section 2 of the Automatic Aid Agreement. To accomplish this, Communications shall simultaneously dispatch both Fire Departments. This automatic aid Agreement shall be in effect 24 hours a day, seven days a week. 1.4 No Reimbursement for Costs. No party in this Agreement shall be required to reimburse any other party for the cost of providing the services set forth in the Dual Response and/or Automatic Aid sections of this Agreement. Each party shall pay its own costs for responding to the Structure Fire as described is said sections of this Agreement. 2. AUTOMATIC AIDSTAFFED APPARATUS COMPANY RESPONSE. As part of this Agreement, the department providing aid will respond when available with a staffed engine company to all reported or confirmed structure fires at locations within the areas of the Responsible Department set forth in section 1 above. The dispatch of the auto-aid staffed apparatus company will be made with the initial dispatch to the reported fire by Communications. 3. PERSONNEL AND EQUIPMENT. The Fire Chiefs of each Fire Department shall mutually establish a response plan regarding the deployment of personnel and equipment in responding to Structure Fires under this Agreement. In virtually all cases, responses will be consistent with the established protocols. Any other required personnel and/or equipment will be determined by the Incident Commander in his or her sole discretion. If first arriving responders determine that they can handle the incident with their own available resources, then they shall return the still-responding units. 4. COMMAND AUTHORITY. 4.1 Incident Command System. Both Departments will implement the Incident Command System. The first officer at the scene will be in command even if it is not their jurisdiction. The initial Incident Commander will remain in command until relieved by either one of his or her superior officers or an officer of the Responsible Jurisdiction. 4.2 Definition of Command. For the purposes of this agreement, the term 'Command' will include direction and control of all staffing and equipment committed to the incident. 4.3 Judicious Use of Personnel and Equipment. It shall be the responsibility of the Incident Commander to utilize the staffing and equipment from the jurisdiction providing aid only to the extent that is required to bring the emergency under control. 2 4.4 Order of Release. When practical, the staff and equipment from the department providing aid shall be the first released from the scene of the emergency. 5. REPORTS. The Responsible Department shall be responsible for completing all required reports, including but not limited to, reports mandated by local or state government. 6. COMPENSATION. All services provided by either Fire Department under this Agreement shall be performed without monetary compensation. The mutual advantages, protections, and services afforded by this Agreement are mutually agreed to be adequate compensation to both jurisdictions. 7. LIABILITY/INDEMNIFICATION. Each party waives all claims against the other party for compensation for any property loss or damage, and/or personal injury or death occurring as a consequence of the performance of this Agreement. Each party shall bear the liability and/or cost of damage to its equipment and the death of, or injury to, its personnel, whether the death, injury or damage occurs at an emergency within the described boundary. To the extent allowed by law, each department shall indemnify, defend and hold harmless all other parties to this agreement for damages, claims, demands, suits, judgments, costs and expenses arising from loss of or damage to private property and/or the death of or injury to private persons whether caused by either department responding within the parameters of this Agreement. Provided, however, nothing contained herein shall expand the immunity of a party granted to it by law. Each party waives all claims against the other party for compensation for any property loss or damage, and/or personal injury or death occurring as a consequence of any negligent acts, conduct, instructions or commands given by the individual that assumes command (Incident Commander) at any Structure Fire. This provision shall not apply to any acts, conduct, instructions or commands given by an officer in the capacity of Incident Commander, which are later determined at any time to have been grossly negligent, willful, wanton or reckless. 8. AGREEMENT NOT FOR BENEFIT OF THIRD PARTIES. This Agreement shall not be construed as or deemed to be, an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by either party hereto shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the jurisdiction which are situated within the respective jurisdictions defined herein. 9. TERM. This Agreement shall commence upon execution of this Agreement by both parties, and shall remain in full force and effect unless terminated as provided herein. This Agreement may be terminated without cause by either Department upon written notice of termination given to the other party at least thirty (30) days in advance of the effective date of termination. Notice of termination shall be personally served or mailed, postage prepaid to the address designated beneath the signature of the parties hereto; or to such other address as may be designated by written notice. ' ' ' ' 10. AMENDMENTS TO AGREEMENT. I 0.1 This Agreement contains all of th e term s and conditions agreed to between the parti es . Except as o th erw ise spcc ili ed, thi s Agreemen t shal l no t be amend ed o r a ltered without th e writt en co nse nt of th e parties. I 0.2 Any s uch amendments shall be mutual ly ag reed up on and req uire the written co nse nt of th e gove rnin g bodi es or th e parties. 11. EXCLUSIONS. 3 Any reque sts for a id not covered in th is Auto mati c /\id Agreeme nt shal l be han dl ed und er the day-to -day Mutua l Aid Agreement. 12. PRIOR AGREEMENTS. This Ag ree ment s up erse des any other previou s Ag ree ments, e ith er written or verbal, that may have existed to de fine the re s ponse of th e two fire depa~iment s in thi s area. CITY OF JEFFERSON, MJSSOURI Ca rrie Tergin , Mayo r Date: ---- Chi ef ATTEST: C it y Cler k APPR OVED AS TO f-ORM: Key: AutoAid by City of Jefferson To Holts SummitFPD 0 AutoAid by Holts Summit FPD to City of Jefferson [ l JCfD HSEPO Exhibit A .... c.oa ••• NAitH'IHICHT "'' AUTOMATIC AID AGREEMENT TIDS AUTOMATIC AID AGREEMENT ("Agreement"), made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and the Osage Fire Protection District, hereinafter referred to as "OFPD". 1. DUAL RESPONSE AREA. 1.1 Dual Response Area-Geographic Limits. This Agreement shall only apply to structure fires in residential, commercial, recreational and rural properties ("Structure Fires") This Agreement applies to all Structure Fires received by Communications for addresses or occupancies within the areas of the City or OFPD identified on the map attached hereto as Exhibit A. 1.2 Responsible Department Defined. For the purposes of this agreement, the Department which ordinarily has jurisdiction over the area of the incident will be referred to as the "Responsible Department" and the other Department will be referred to as the department providing aid. 1.3 Situations Where Aid is Provided. All calls for fire services to a Structure Fire within the defined automatic aid agreement area shall result in an automatic, simultaneous response from both fire departments pursuant to Section 2 of the Automatic Aid Agreement. To accomplish this, Communications shall simultaneously dispatch both Fire Departments. This automatic aid Agreement shall be in effect 24 hours a day, seven days a week. 1.4 No Reimbursement for Costs. No party in this Agreement shall be required to reimburse any other party for the cost of providing the services set forth in the Dual Response and/or Automatic Aid sections of this Agreement. Each party shall pay its own costs for responding to the Structure Fire as described is said sections of this Agreement. 2. AUTOMATIC AIDSTAFFED APPARATUS COMPANY RESPONSE. As part of this Agreement, the department providing aid will respond when available with a staffed engine company to all reported or confirmed structure fires at locations within the areas of the Responsible Department set forth in section I above. The dispatch of the auto-aid staffed apparatus company will be made with the initial dispatch to the reported fire by Communications. 3. PERSONNEL AND EQUIPMENT. The Fire Chiefs of each Fire Department shall mutually establish a response plan regarding the deployment of personnel and equipment in responding to Structure Fires under this Agreement. In virtually all cases, responses will be consistent with the established protocols. Any other required personnel and/or equipment will be determined by the Incident Commander in his or her sole discretion. If first arriving responders determine that they can handle the incident with their own available resources, then they shall return the still-responding units. 4. COMMAND AUTHORITY. 4.1 Incident Command System. Both Departments will implement the Incident Command System. The first officer at the scene will be in command even if it is not their jurisdiction. The initial Incident Commander will remain in command until relieved by either one of his or her superior officers or an officer of the Responsible Jurisdiction. 4.2 Definition of Command. For the purposes of this agreement, the term 'Command' will include direction and control of all staffing and equipment committed to the incident. 4.3 Judicious Use of Personnel and Equipment. It shall be the responsibility of the Incident Commander to utilize the staffing and equipment from the jurisdiction providing aid only to the extent that is required to bring the emergency under control. 2 4.4 Order of Release. When practical, the staff and equipment from the department providing aid shall be the first released from the scene of the emergency. 5. REPORTS. The Responsible Department shall be responsible for completing all required reports, including but not limited to, reports mandated by local or state government. 6. COMPENSATION. All services provided by either Fire Department under this Agreement shall be performed without monetary compensation. The mutual advantages, protections, and services afforded by this Agreement are mutually agreed to be adequate compensation to both jurisdictions. 7. LIABILITYIINDEMNIFICATION. Each party waives all claims against the other party for compensation for any property loss or damage, and/or personal injury or death occurring as a consequence of the performance of this Agreement. Each party shall bear the liability and/or cost of damage to its equipment and the death of, or injury to, its personnel, whether the death, injury or damage occurs at an emergency within the described boundary. To the extent allowed by law, each department shall indemnify, defend and hold hannless all other parties to this agreement for damages, claims, demands, suits, judgments, costs and expenses arising from loss of or damage to private property and/or the death of or injury to private persons whether caused by either department responding within the parameters of this Agreement. Provided, however, nothing contained herein shall expand the immunity of a party granted to it by law. Each party waives all claims against the other party for compensation for any property loss or damage, and/or personal injury or death occurring as a consequence of any negligent acts, conduct, instructions or commands given by the individual that assumes command (Incident Commander) at any Structure Fire. This provision shall not apply to any acts, conduct, instructions or commands given by an officer in the capacity of Incident Commander, which are later determined at any time to have been grossly negligent, willful, wanton or reckless. 8. AGREEMENT NOT FOR BENEFIT OF THIRD PARTIES. This Agreement shall not be construed as or deemed to be, an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by either party hereto shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the jurisdiction which are situated within the respective jurisdictions defined herein. 9. TERM. This Agreement shall commence upon execution of this Agreement by both parties, and shall remain in full force and effect unless terminated as provided herein. This Agreement may be terminated without cause by either Department upon written notice of termination given to the other party at least thirty (30) days in advance of the effective date of termination. Notice of termination shall be personally served or mailed, postage prepaid to the address designated beneath the signature of the parties hereto; or to such other address as may be designated by written notice. ,• ... 10. AM ENDMENTS TO AGREEMENT. 10 .1 Thi s Agreem ent co nt ai ns a ll o f the term s a nd co nditio ns agreed to between the pa rti es. Except as o therw ise s pec ified , thi s Ag reeme nt s ha ll n o t b e amended o r a lte red w ith o ut the w ritte n co nsent o r th e parties. 1 0.2 A n y suc h am end me nts s ha ll be mutua ll y agreed upo n a nd requir e th e w ritten consent o f the governing bodi es of th e pa r t ies. 11. EXCLUSIONS . 3 Any requ es ts fo r aid not co ve red in thi s Aut omat ic Aid Ag ree ment shall be handl ed under th e day-to-d ay Mutu a l Aid Agree ment. 12. PRIOR AGREEMENTS. Thi s Agree me nt sup erse des any oth er prev io us Ag ree ment s, eith er writte n or ve rb al, th at may have ex isted to d efin e th e res pon se of th e two fir e d epartm e nt s in thi s area . CITY OF JE FFERSON, MISSOURI OSAGE FIRE PROTECTION DISTRICT Ca rri e Te rgin , Mayo r Date: ___ _ Chi e f ATTES T : C ity C lerk APP ROVED AS TO FO RM: City rn ey ~ 1\ ,. 1 • Key- AutoAid By Osage FPD to Jeff erson City Fi r e Department D AutoAid by Jefferson City Fire Department to Osage FPD D .. - l~(· ...... ·,.,, ~''"• '~-~· , . '• .... ·:...• ~'~~ :·· '• •. ¥; .• :-r, r '••4, "J .... \ ...... .. .:... '· ·.'~ /'/ r • !';· ~· .... '" 'f-... ,.:"' • .. ••• , 1 . -·~ ,l,~: .. ··.~.:: .. , / ~.: .. :~.'. l~· .. · ("-'1-, •4,.. . ' • tv . "' • • , .. '\ :.. ..· ........ :\ . ~~ :.. . .. ~-··· .,.~ / L------------------~-~·-..=:.:-,-;: . .,::-.--=--.-;:,'f"·-;-:~*" •• ·~ •,, ·• ... ·: l·· .... ·-tt. ·;':'.: ... \ ·-.: 'I •• ....... .t" ~. ··, '· , _.Ail... • .... "•. ~ : : ~ ' : "',. ~ r II • C.. • fl.-of • t • • _ ~ • w '"W .. ~ cc .. \ ... ~ .... ,..... ',-•• 't" ., -.. ,,. -:-!, ·t1.··· f ...... ,. .. ; ~ OTYOF ft,: ... f .. ~,~ ... Ot~ ..... : ·~ ........... ~ l" .... i .,: ~~~ ... I.. '· JfFFERSON w.•n • .. ·.. • ... ..· ..... ~~.·-z~ ........a· •'-·.'· • ,+' .•' ""'"' ,....,. ·t .,..... • •, ,._,, ~· tt.,.: • •.•• ~ • / .. • "'-"'-•,, ~: ··-·\-.... •I! •• 4, ..... ~ i: ·-;·-· ;: .... • ·, I .... , •. ""' / ~·.· Ul ~c.a, ,;,., -; 1 \ '•"";; ... -... .. ,,..,. -.... \. • ... \~ f / '•n.,\_: £ .' \. -: \ -~ ~·-~~ .• • • ._,\. \.,,..,\. ! .,lt .. "·-, .,, ... .\ ·~=·: ":.: .:::.:· : . ''.\. :. l ..... t !!~ ..... ' I, ·,. . i • : : l • '· .. l ... ~ ··~ .... J i \ ,, t! • .... , .· ·~\ ·~ ~ ~. ~.~ : ... J .. · ·-;. ...... , ~,---: ...... ~. '•" .~ .......... . '• 1 • i • : , . ... -' ·' '\ .,., ,.., "" t ~ • 4 Exhibit A •• ··;;., aJJ;f .. t ...... ..... ,-!>1 ,.,._,.,"1-" ' •\..;,,"""'~ '~~ "'-;·;~--· . . . ; ., '- ........ . .:" ... ! ·-, ...... .-.9"•1<'' ··, i ·' ' ,· ·' AUTOMATIC AID AGREEMENT THIS AUTOMATIC AID AGREEMENT ("Agreement"), made and entered into the date last executed by_ a pa~ as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Mtssoun, hereinafter referred to as "City", and the Regional West Fire Protection District, hereinafter referred to as "RWFPD". 1. DUAL RESPONSE AREA. 1.1 Dual Response Area -Geographic Limits. This Agreement shall only apply to structure fires in residential, commercial, recreational and rural properties ("Structure Fires") This Agreement applies to all Structure Fires received by Communications for addresses or occupancies within the areas of the City or R WFPD identified on the map attached hereto as Exhibit A. 1.2 Responsible Department Defined. For the purposes of this agreement, the Department which ordinarily has jurisdiction over the area of the incident will be referred to as the "Responsible Department" and the other Department will be referred to as the department providing aid. 1.3 Situations Where Aid is Provided. All calls for fire services to a Structure Fire within the defined automatic aid agreement area shall result in an automatic, simultaneous response from both fire departments pursuant to Section 2 of the Automatic Aid Agreement. To accomplish this, Communications shall simultaneously dispatch both Fire Departments. This automatic aid Agreement shall be in effect 24 hours a day, seven days a week. 1.4 No Reimbursement for Costs. No party in this Agreement shall be required to reimburse any other party for the cost of providing the services set forth in the Dual Response and/or Automatic Aid sections of this Agreement. Each party shall pay its own costs for responding to the Structure Fire as described is said sections of this Agreement. 2. AUTOMATIC AIDSTAFFED APPARATUS COMPANY RESPONSE. As part of this Agreement, the department providing aid will respond when available with a staffed engine company to all reported or confinned structure fires at locations within the areas of the Responsible Department set forth in section I above. The dispatch of the auto-aid staffed apparatus company will be made with the initial dispatch to the reported fire by Communications. 3. PERSONNEL AND EQUIPMENT. The Fire Chiefs of each Fire Department shall mutually establish a response plan regarding the deployment of personnel and equipment in responding to Structure Fires under this Agreement. In virtually all cases, responses will be consistent with the established protocols. Any other required personnel and/or equipment will be detennined by the Incident Commander in his or her sole discretion. If first arriving responders determine that they can handle the incident with their own available resources, then they shall return the stili-responding units. 4. COMMAND AUTHORITY. 4.1 Incident Command System. Both Departments will implement the Incident Command System. The first officer at the scene will be in command even if it is not their jurisdiction. The initial Incident Commander will remain in command until relieved by either one of his or her superior officers or an officer of the Responsible Jurisdiction. 4.2 Definition of Command. For the purposes of this agreement, the tenn 'Command' will include direction and control of all staffing and equipment committed to the incident. 4.3 Judicious Use of Personnel and Equipment. It shall be the responsibility of the Incident Commander to utilize the staffing and equipment from the jurisdiction providing aid only to the extent that is required to bring the emergency under control. 2 4.4 Order of Release. When practical, the staff and equipment from the department providing aid shall be the first released from the scene of the emergency. 5. REPORTS. The Responsible Department shall be responsible for completing all required reports, including but not limited to, reports mandated by local or state government. 6. COMPENSATION. All services provided by either Fire Department under this Agreement shall be performed without monetary compensation. The mutual advantages, protections, and services afforded by this Agreement are mutually agreed to be adequate compensation to both jurisdictions. 7. LIABILITYIINDE:MNIFICATION. Each party waives all claims against the other party for compensation for any property loss or damage, and/or personal injury or death occurring as a consequence of the performance of this Agreement. Each party shall bear the liability and/or cost of damage to its equipment and the death of, or injwy to, its personnel, whether the death, injury or damage occurs at an emergency within the described boundary. To the extent allowed by law, each department shall indemnify, defend and hold harmless all other parties to this agreement for damages, claims, demands, suits, judgments, costs and expenses arising from loss of or damage to private property and/or the death of or injury to private persons whether caused by either department responding within the parameters of this Agreement. Provided, however, nothing contained herein shall expand the immunity of a party granted to it by law. Each party waives all claims against the other party for compensation for any property loss or damage, and/or personal injury or death occurring as a consequence of any negligent acts, conduct, instructions or commands given by the individual that assumes command (Incident Commander) at any Structure Fire. This provision shall not apply to any acts, conduct, instructions or commands given by an officer in the capacity of Incident Commander, which are later detennined at any time to have been grossly negligent, willful, wanton or reckless. 8. AGREEMENT NOT FOR BENEFIT OF THIRD PARTIES. This Agreement shall not be construed as or deemed to be, an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by either party hereto shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the jurisdiction which are situated within the respective jurisdictions defined herein. 9. TERM. This Agreement shall commence upon execution of this Agreement by both parties, and shall remain in full force and effect unless tenninated as provided herein. This Agreement may be terminated without cause by either Department upon written notice of termination given to the other party at least thirty (30) days in advance of the effective date of termination. Notice of termination shall be personally served or mailed, postage prepaid to the address designated beneath the signature of the parties hereto; or to such other address as may be designated by written notice. '• ' ... '' . ,, 10. AMENDMENTS TO AGREEMENT. I 0.1 This Agree ment contains a ll of th e te rms and conditions agreed to between th e part ies. Except as otherwise spe c ified , thi s Agreement sha ll not be amended or a lte red without th e wri tt e n co nse nt of th e parties. I 0.2 Any s uch amendm ents shall be mut uall y agreed up o n and require th e wr itt en co nsent of the gov e rning bodi es of th e parties. 11. EXCLUSIONS. 3 Any requ es ts fo r aid not covered in thi s Auto mati c Aid Ag ree ment shall be handl ed under the da y-to-d ay Mutu a l Aid Agree ment. 12. PRIOR AGREEMENTS. T hi s Agree ment sup erse des any o th er prev io us Ag reem ent s, eith er wrin en or ve rb al, th at may have existed to defi ne the re s po nse of th e two fire de pa rtm ents in thi s area. REGIONAL WEST FIRE PROTECTION CITY OF JEFFERSON, MJSSOUIU DIS RICT Carrie Te rgin , Mayo r Date: ___ _ Po~si~·~r.r; Date: I Z '2.. t/Jc&L C hi ef Chi ef I ATTEST: City C le rk A PPRO VED AS TO FORM : <( .c ..c >< w > Q) :::..::: .... ··. c 0 Vl ...... ~ Q) 0 +-' +-' c Q) E +-' ...... ru 0.. .8 Q) jD io +-' -c ~ Q) .Q E tlOt OJ ru a:: 0.. >OJ ..oO -o Q) ~ ...... 0 +-' LL > +-' ::::1 <(U c ~ 0 ...... 0... ~~ Q) Vl Q) > ..0 s -o ru <( c 0 .Q +-' tlO ::::1 Q) <(a:: ..... ... ··. ; .. ...... , :. 'l .. ". ~/ I ; ~': Pif • ,,., ...... ~ .... , .. ·, ··~ i I!! I ; \ _) .... , I\··· .. . .... i .. ' .... :, \ . .•. ~ ..... ': ..... ··' 0 -'· ·~·· .. ' .......... \ -··::. \ '\ ....... t . ' .......... /i ....... ......... u •.... .; ' .... ,,. i r' .•.. i 1 . / ...... . ··. ,., j : .. "-••·., I . ·~ f' \ ......... '· ...... :r·· !' -· \ · .. ·-· .. ! n• I c···· •. •· \ ;' 1\ i ... . ~\. ·· . ' .. ... _, ... · !i '·· ., / •' \ . ' ... : ... · .. ·· .. ..• ... \ , ... ! f f ; .... : \ ~ : i • ... # 1 ~ • .. ·· ..... , .. ..... " > i ......... Ct ~. l -~ . ~-· ~ !i: J ~ ; ) ~... ~······" \ • Ji .. .i : J : if J,, •• • . ' ! i : ::.· \ t ./ ! 1"': .. ;":.::· ...... -,.. .. , ... . j ..... . J .•. , •• i i ·:;--: \ a ·--;. l ... .. l ~ .... <i. • ••• : .. : i .... ~ .. . .... : i ...... ... .. ........... ,., . ... .: ··~ .. ~ .:.~·: .... ·~ \ \ U0\4;h ,: ·-···· BILL NO. 2022-004 SPONSORED BY Councilmember Schreiber ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING AUTOMATIC AID AGREEMENTS WITH FOUR (4) FIRE PROTECTION DISTRICTS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Mayor and City Clerk are authorized to execute an automatic aid agreement substantially in the form set forth in Exhibit A with the Cole County Fire Protection District. Section 2. The Mayor and City Clerk are authorized to execute an automatic aid agreement substantially in the form set forth in Exhibit B with the Holts Summit Fire Protection District. Section 3. The Mayor and City Clerk are authorized to execute an automatic aid agreement substantially in the form set forth in Exhibit C with the Osage Fire Protection District. Section 4. The Mayor and City Clerk are authorized to execute an automatic aid agreement substantially in the form set forth in Exhibit D with the Regional West Fire Protection District. Section 5. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed:/ • w • ATTEST: WA ra - M. - rA",1 4- rD Approved: "4 � o-oZZ Mayor Carrie Tergin APPROVED AS TO FORM: City ttor y AUTOMATIC AID AGREEMENT THIS AUTOMATIC AID AGREEMENT ("Agreement"), made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and the Regional West Fire Protection District, hereinafter referred to as "RWFPD". 1. DUAL RESPONSE AREA. 1.1 Dual Response Area -Geographic Limits. This Agreement shall only apply to structure fires in residential, commercial, recreational and rural properties ("Structure Fires") This Agreement applies to all Structure Fires received by Communications for addresses or occupancies within the areas of the City or RWFPD identified on the map attached hereto as Exhibit A. 1.2 Responsible Department Defined. For the purposes of this agreement, the Department which ordinarily has jurisdiction over the area of the incident will be referred to as the "Responsible Department" and the other Department will be referred to as the department providing aid. 1.3 Situations Where Aid is Provided. All calls for fire services to a Structure Fire within the defined automatic aid agreement area shall result in an automatic, simultaneous response from both fire departments pursuant to Section 2 of the Automatic Aid Agreement. To accomplish this, Communications shall simultaneously dispatch both Fire Departments. This automatic aid Agreement shall be in effect 24 hours a day, seven days a week. 1.4 No Reimbursement for Costs. No party in this Agreement shall be required to reimburse any other party for the cost of providing the services set forth in the Dual Response and/or Automatic Aid sections of this Agreement. Each party shall pay its own costs for responding to the Structure Fire as described is said sections of this Agreement. 2. AUTOMATIC AIDSTAFFED APPARATUS COMPANY RESPONSE. As part of this Agreement, the department providing aid will respond when available with a staffed engine company to all reported or confirmed structure fires at locations within the areas of the Responsible Department set forth in section l above. The dispatch of the auto -aid staffed apparatus company will be made with the initial dispatch to the reported fire by Communications. 3. PERSONNEL AND EQUIPMENT. The Fire Chiefs of each Fire Department shall mutually establish a response plan regarding the deployment of personnel and equipment in responding to Structure Fires under this Agreement. In virtually all cases, responses will be consistent with the established protocols. Any other required personnel and/or equipment will be determined by the Incident Commander in his or her sole discretion. If first arriving responders determine that they can handle the incident with their own available resources, then they shall return the still -responding units. 4. COMMAND AUTHORITY. 4.1 Incident Command System. Both Departments will implement the Incident Command System. The first officer at the scene will be in command even if it is not their jurisdiction. The initial Incident Commander will remain in command until relieved by either one of his or her superior officers or an officer of the Responsible Jurisdiction. 4.2 Definition of Command. For the purposes of this agreement, the term `Command' will include direction and control of all staffing and equipment committed to the incident. 4.3 Judicious Use of Personnel and Equipment. It shall be the responsibility of the Incident Commander to utilize the staffing and equipment from the jurisdiction providing aid only to the extent that is required to bring the emergency under control. 2 4.4 Order of Release. When practical, the staff and equipment from the department providing aid shall be the first released from the scene of the emergency. 5. REPORTS. The Responsible Department shall be responsible for completing all required reports, including but not limited to, reports mandated by local or state government. 6. COMPENSATION. All services provided by either Fire Department under this Agreement shall be performed without monetary compensation. The mutual advantages, protections, and services afforded by this Agreement are mutually agreed to be adequate compensation to both jurisdictions. 7. LIABILITY/INDEMNIFICATION. Each party waives all claims against the other party for compensation for any property loss or damage, and/or personal injury or death occurring as a consequence of the performance of this Agreement. Each party shall bear the liability and/or cost of damage to its equipment and the death of, or injury to, its personnel, whether the death, injury or damage occurs at an emergency within the described boundary. To the extent allowed by law, each department shall indemnify, defend and hold harmless all other parties to this agreement for damages, claims, demands, suits, judgments, costs and expenses arising from loss of or damage to private property and/or the death of or injury to private persons whether caused by either department responding within the parameters of this Agreement. Provided, however, nothing contained herein shall expand the immunity of a parry granted to it by law. Each party waives all claims against the other party for compensation for any property loss or damage, and/or personal injury or death occurring as a consequence of any negligent acts, conduct, instructions or commands given by the individual that assumes command (Incident Commander) at any Structure Fire. This provision shall not apply to any acts, conduct, instructions or commands given by an officer in the capacity of Incident Commander, which are later determined at any time to have been grossly negligent, willful, wanton or reckless. 8. AGREEMENT NOT FOR BENEFIT OF THIRD PARTIES. This Agreement shall not be construed as or deemed to be, an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by either party hereto shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the jurisdiction which are situated within the respective jurisdictions defined herein. 9. TERM. This Agreement shall commence upon execution of this Agreement by both parties, and shall remain in full force and effect unless terminated as provided herein. This Agreement may be terminated without cause by either Department upon written notice of termination given to the other party at least thirty (30) days in advance of the effective date of termination. Notice of termination shall be personally served or mailed, postage prepaid to the address designated beneath the signature of the parties hereto; or to such other address as may be designated by written notice. 10. AMENDMENTS TO AGREEMENT. 10.1 This Agreement contains all of the terms and conditions agreed to between the parties. Except as otherwise specified, this Agreement shall not be amended or altered without the written consent of the parties. 10.2 Any such amendments shall be mutually agreed upon and require the written consent of the governing bodies of the parties. 11. EXCLUSIONS. Any requests for aid not covered in this Automatic Aid Agreement shall be handled under the day-to-day Mutual Aid Agreement. 12. PRIOR AGREEMENTS. This Agreement supersedes any other previous Agreements, either written or verbal, that may have existed to define the response of the two fire departments in this area. IN CITY OF JEFFERSON, MISSOURI Carrie Tergin, Mayor Date: � (��L'?i Chief ATTEST: City Jerk APPROVr..D AS TO FORM: City .L rney AUTOMATIC AID AGREEMENT THIS AUTOMATIC AID AGREEMENT ("Agreement"), made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and the Holts Summit Fire Protection District, hereinafter referred to as "HSFPD". 1. DUAL RESPONSE AREA. 1.1 Dual Response Area - Geographic Limits. This Agreement shall only apply to structure fires in residential, commercial, recreational and rural properties ("Structure Fires") This Agreement applies to all Structure Fires received by Communications for addresses or occupancies within the areas of the City or HSFPD identified on the map attached hereto as Exhibit A. 1.2 Responsible Department Defined. For the purposes of this agreement, the Department which ordinarily has jurisdiction over the area of the incident will be referred to as the "Responsible Department" and the other Department will be referred to as the department providing aid. 1.3 Situations Where Aid is Provided. All calls for fire services to a Structure Fire within the defined automatic aid agreement area shall result in an automatic, simultaneous response from both fire departments pursuant to Section 2 of the Automatic Aid Agreement. To accomplish this, Communications shall simultaneously dispatch both Fire Departments. This automatic aid Agreement shall be in effect 24 hours a day, seven days a week. 1.4 No Reimbursement for Costs. No party in this Agreement shall be required to reimburse any other party for the cost of providing the services set forth in the Dual Response and/or Automatic Aid sections of this Agreement. Each party shall pay its own costs for responding to the Structure Fire as described is said sections of this Agreement. 2. AUTOMATIC AIDSTAFFED APPARATUS COMPANY RESPONSE. As part of this Agreement, the department providing aid will respond when available with a staffed engine company to all reported or confirmed structure fires at locations within the areas of the Responsible Department set forth in section 1 above. The dispatch of the auto -aid staffed apparatus company will be made with the initial dispatch to the reported fire by Communications. 3. PERSONNEL AND EQUIPMENT. The Fire Chiefs of each Fire Department shall mutually establish a response plan regarding the deployment of personnel and equipment in responding to Structure Fires under this Agreement. In virtually all cases, responses will be consistent with the established protocols. Any other required personnel and/or equipment will be determined by the Incident Commander in his or her sole discretion. If first arriving responders determine that they can handle the incident with their own available resources, then they shall return the still -responding units. 4. COMMAND AUTHORITY. 4.1 Incident Command System. Both Departments will implement the Incident Command System. The first officer at the scene will be in command even if it is not their jurisdiction. The initial Incident Commander will remain in command until relieved by either one of his or her superior officers or an officer of the Responsible Jurisdiction. 4.2 Definition of Command. For the purposes of this agreement, the term `Command' will include direction and control of all staffing and equipment committed to the incident. 4.3 Judicious Use of Personnel and Equipment. It shall be the responsibility of the Incident Commander to utilize the staffing and equipment from the jurisdiction providing aid only to the extent that is required to bring the emergency under control. 2 4.4 Order of Release. When practical, the staff and equipment from the department providing aid shall be the first released from the scene of the emergency. 5. REPORTS. The Responsible Department shall be responsible for completing all required reports, including but not limited to, reports mandated by local or state government. 6. COMPENSATION. All services provided by either Fire Department under this Agreement shall be performed without monetary compensation. The mutual advantages, protections, and services afforded by this Agreement are mutually agreed to be adequate compensation to both jurisdictions. 7. LIABILITYANDEMNIFICATION. Each party waives all claims against the other party for compensation for any property loss or damage, and/or personal injury or death occurring as a consequence of the performance of this Agreement. Each party shall bear the liability and/or cost of damage to its equipment and the death of, or injury to, its personnel, whether the death, injury or damage occurs at an emergency within the described boundary. To the extent allowed by law, each department shall indemnify, defend and hold harmless all other parties to this agreement for damages, claims, demands, suits, judgments, costs and expenses arising from loss of or damage to private property and/or the death of or injury to private persons whether caused by either department responding within the parameters of this Agreement. Provided, however, nothing contained herein shall expand the immunity of a party granted to it by law. Each party waives all claims against the other party for compensation for any property loss or damage, and/or personal injury or death occurring as a consequence of any negligent acts, conduct, instructions or commands given by the individual that assumes command (Incident Commander) at any Structure Fire. This provision shall not apply to any acts, conduct, instructions or commands given by an officer in the capacity of Incident Commander, which are later determined at any time to have been grossly negligent, willful, wanton or reckless. 8. AGREEMENT NOT FOR BENEFIT OF THIRD PARTIES. This Agreement shall not be construed as or deemed to be, an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by either party hereto shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the jurisdiction which are situated within the respective jurisdictions defined herein. 9. TERM. This Agreement shall commence upon execution of this Agreement by both parties, and shall remain in full force and effect unless terminated as provided herein. This Agreement may be terminated without cause by either Department upon written notice of termination given to the other party at least thirty (30) days in advance of the effective date of termination. Notice of termination shall be personally served or mailed, postage prepaid to the address designated beneath the signature of the parties hereto; or to such other address as may be designated by written notice. 3 10. AMENDMENTS TO AGREEMENT. 10.1 This Agreement contains all of the terms and conditions agreed to between the parties. Except as otherwise specified, this Agreement shall not be amended or altered without the written consent of the parties. 10.2 Any such amendments shall be mutually agreed upon and require the written consent of the governing bodies of the parties. 11. EXCLUSIONS. Any requests for aid not covered in this Automatic Aid Agreement shall be handled under the day-to-day Mutual Aid Agreement. 12. PRIOR AGREEMENTS. This Agreement supersedes any other previous Agreements, either written or verbal, that may have existed to define the response of the two fire departments in this area. CITY OF JEFFERSON, MISSOURI Carrie Tergin, Mayor Date: '� — Zfo —2Z ��l00, 0_1W_ Chief ATTEST: VA �00 � .1' �[i. APPROVED -AS -TO FORM: City t rney HOLTS SUMMIT FIRE PROTECTION DISTRICT President/ ay r T7A 01#10AW h1SFtoD (oaav e: Z oLz PAA-0170AT Exhibit A Key: AutoAid by City of Jefferson To Holts Summit FPD AutoAid by Holts Summit FPD to City of Jefferson :=.r ' k " u..o S CFFY OF ' g ..• c 4 i''' ",, ]EFFERSON .. a. �� ., A �Y, ' ° a it i 's R �e:� e'+...,, .... ,...., •, ,+, °' i C..•, ..w 5'n' �G �� S w 'S, ww p' .i«m.run50 B 4 ; wbid e•'`.b�M y: n�i.m ° .3: W �''a � .... 6 c . -. e.F .•� � "O. ti"''tJ ` _.... , _..... .na. .: ... AUTOMATIC AID AGREEMENT THIS AUTOMATIC AID AGREEMENT ("Agreement"), made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and the Cole County Fire Protection District, hereinafter referred to as "CCFPD". 1. DUAL RESPONSE AREA. 1.1 Dual Response Area - Geographic Limits. This Agreement shall only apply to structure fires in residential, commercial, recreational and rural properties ("Structure Fires") This Agreement applies to all Structure Fires received by Communications for addresses or occupancies within the areas of the City or CCFPD identified on the map attached hereto as Exhibit A. 1.2 Responsible Department Defined. For the purposes of this agreement, the Department which ordinarily has jurisdiction over the area of the incident will be referred to as the "Responsible Department" and the other Department will be referred to as the department providing aid. 1.3 Situations Where Aid is Provided. Al l calls for fire services to a Structure Fire within the defined automatic aid agreement area shall result in an automatic, simultaneous response from both fire departments pursuant to Section 2 of the Automatic Aid Agreement. To accomplish this, Communications shall simultaneously dispatch both Fire Departments. This automatic aid Agreement shall be in effect 24 hours a day, seven days a week. 1.4 No Reimbursement for Costs. No party in this Agreement shall be required to reimburse any other party for the cost of providing the services set forth in the Dual Response and/or Automatic Aid sections of this Agreement. Each party shall pay its own costs for responding to the Structure Fire as described is said sections of this Agreement. 2. AUTOMATIC AIDSTAFFED APPARATUS COMPANY RESPONSE. As part of this Agreement, the department providing aid will respond when available with a staffed engine company to all reported or confirmed structure fires at locations within the areas of the Responsible Department set forth in section 1 above. The dispatch of the auto -aid staffed apparatus company will be made with the initial dispatch to the reported fire by Communications. 3. PERSONNEL AND EQUIPMENT. The Fire Chiefs of each Fire Department shall mutually establish a response plan regarding the deployment of personnel and equipment in responding to Structure Fires under this Agreement. In virtually all cases, responses will be consistent with the established protocols. Any other required personnel and/or equipment will be determined by the Incident Commander in his or her sole discretion. If first arriving responders determine that they can handle the incident with their own available resources, then they shall return the still -responding units. 4. COMMAND AUTHORITY. 4.1 Incident Command System. Both Departments will implement the Incident Command System. The first officer at the scene will be in command even if it is not their jurisdiction. The initial Incident Commander will remain in command until relieved by either one of his or her superior officers or an officer of the Responsible Jurisdiction. 4.2 Definition of Command. For the purposes of this agreement, the term `Command' will include direction and control of all staffing and equipment committed to the incident. 4.3 Judicious Use of Personnel and Equipment. It shall be the responsibility of the Incident Commander to utilize the staffing and equipment from the jurisdiction providing aid only to the extent that is required to bring the emergency under control. 2 4.4 Order of Release. When practical, the staff and equipment from the department providing aid shall be the first released from the scene of the emergency. 5. REPORTS. The Responsible Department shall be responsible for completing all required reports, including but not limited to, reports mandated by local or state government. b. COMPENSATION. All services provided by either Fire Department under this Agreement shall be performed without monetary compensation. The mutual advantages, protections, and services afforded by this Agreement are mutually agreed to be adequate compensation to both jurisdictions. 7. LIA►BILITY/MEIVINIFICATION. Each party waives all claims against the other party for compensation for any property loss or damage, and/or personal injury or death occurring as a consequence of the performance of this Agreement. Each party shall bear the liability and/or cost of damage to its equipment and the death of, or injury to, its personnel, whether the death, injury or damage occurs at an emergency within the described boundary. To the extent allowed by law, each department shall indemnify, defend and hold harmless all other parties to this agreement for damages, claims, demands, suits, judgments, costs and expenses arising from loss of or damage to private property and/or the death of or injury to private persons whether caused by either department responding within the parameters of this Agreement. Provided, however, nothing contained herein shall expand the immunity of a party granted to it by law. Each party waives all claims against the other party for compensation for any property loss or damage, and/or personal injury or death occurring as a consequence of any negligent acts, conduct, instructions or commands given by the individual that assumes command (Incident Commander) at any Structure Fire. This provision shall not apply to any acts, conduct, instructions or commands given by an officer in the capacity of Incident Commander, which are later determined at any time to have been grossly negligent, willful, wanton or reckless. 8. AGREEMENT NOT FOR BENEFIT OF THIRD PARTIES. This Agreement shall not be construed as or deemed to be, an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by either party hereto shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the jurisdiction which are situated within the respective jurisdictions defined herein. 9. TERM. This Agreement shall commence upon execution of this Agreement by both parties, and shall remain in full force and effect unless terminated as provided herein. This Agreement may be terminated without cause by either Department upon written notice of termination given to the other party at least thirty (30) days in advance of the effective date of termination. Notice of termination shall be personally served or mailed, postage prepaid to the address designated beneath the signature of the parties hereto; or to such other address as may be designated by written notice. 10. AMENDMENTS TO AGREEMENT. 10.1 This Agreement contains all of the terms and conditions agreed to between the parties. Except as otherwise specified, this Agreement shall not be amended or altered without the written consent of the parties. 10.2 Any such amendments shall be mutually agreed upon and require the written consent of the governing bodies of the parties. 11. EXCLUSIONS. Any requests for aid not covered in this Automatic Aid Agreement shall be handled under the day -today Mutual Aid Agreement. 12. PRIOR AGREEMENTS. This Agreement supersedes any other previous Agreements, either written or verbal, that may have existed to define the response of the two fire departments in this area. CITY OF JEFFERSON, MISSOURI Carrie Tergin, Mayor Date.—ZZ— Chief l ATTEST: APPROVED AS TO FORM: City tto ey COLE COUNTY FIRE PROTECTION DISTRICT c President Mayor Date: Chief�� I W r t,y zs f f n� �11v l`_... °I ' 'tisi l}�• : •..iF: U .d. � UI i i zs AUTOMATIC AID AGREEMENT THIS AUTOMATIC AID AGREEMENT ("Agreement"), made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and the Osage Fire Protection District, hereinafter referred to as "OFPD". I. DUAL RESPONSE AREA. 1.1 Dual Response Area - Geographic Limits. This Agreement shall only apply to structure fires in residential, commercial, recreational and rural properties ("Structure Fires") This Agreement applies to all Structure Fires received by Communications for addresses or occupancies within the areas of the City or OFPD identified on the map attached hereto as Exhibit A. 1.2 Responsible Department Defined. For the purposes of this agreement, the Department which ordinarily has jurisdiction over the area of the incident will be referred to as the "Responsible Department" and the other Department will be referred to as the department providing aid. 1.3 Situations Where Aid is Provided. All calls for fire services to a Structure Fire within the defined automatic aid agreement area shall result in an automatic, simultaneous response from both fire departments pursuant to Section 2 of the Automatic Aid Agreement. To accomplish this, Communications shall simultaneously dispatch both Fire Departments. This automatic aid Agreement shall be in effect 24 hours a day, seven days a week. 1.4 No Reimbursement for Costs. No party in this Agreement shall be required to reimburse any other party for the cost of providing the services set forth in the Dual Response and/or Automatic Aid sections of this Agreement. Each party shall pay its own costs for responding to the Structure Fire as described is said sections of this Agreement. 2. AUTOMATIC AIDSTAFFED APPARATUS COMPANY RESPONSE. As part of this Agreement, the department providing aid will respond when available with a staffed engine company to all reported or confirmed structure fires at locations within the areas of the Responsible Department set forth in section I above. The dispatch of the auto -aid staffed apparatus company will be made with the initial dispatch to the reported fire by Communications. 3. PERSONNEL AND EQUIPMENT. The Fire Chiefs of each Fire Department shall mutually establish a response plan regarding the deployment of personnel and equipment in responding to Structure Fires under this Agreement. In virtually all cases, responses will be consistent with the established protocols. Any other required personnel and/or equipment will be determined by the Incident Commander in his or her sole discretion. If first arriving responders determine that they can handle the incident with their own available resources, then they shall return the still -responding units. 4. COMMAND AUTHORITY. 4.1 Incident Command System. Both Departments will implement the Incident Command System. The first officer at the scene will be in command even if it is not their jurisdiction. The initial Incident Commander will remain in command until relieved by either one of his or her superior officers or an officer of the Responsible Jurisdiction. 4.2 Definition of Command. For the purposes of this agreement, the term `Command' will include direction and control of all staffing and equipment committed to the incident. 4.3 Judicious Use of Personnel and Equipment. It shall be the responsibility of the Incident Commander to utilize the staffing and equipment from the jurisdiction providing aid only to the extent that is required to bring the emergency under control. 2 4.4 Order of Release. When practical, the staff and equipment from the department providing aid shall be the first released from the scene of the emergency. 5. REPORTS. The Responsible Department shall be responsible for completing all required reports, including but not limited to, reports mandated by local or state government. 6. COMPENSATION. All services provided by either Fire Department under this Agreement shall be performed without monetary compensation. The mutual advantages, protections, and services afforded by this Agreement are mutually agreed to be adequate compensation to both jurisdictions. 7. LUBILITYANDEMNIFICATION. Each party waives all claims against the other party for compensation for any property loss or damage, and/or personal injury or death occurring as a consequence of the performance of this Agreement. Each party shall bear the liability and/or cost of damage to its equipment and the death of, or injury to, its personnel, whether the death, injury or damage occurs at an emergency within the described boundary. To the extent allowed by law, each department shall indemnify, defend and hold harmless all other parties to this agreement for damages, claims, demands, suits, judgments, costs and expenses arising from loss of or damage to private property and/or the death of or injury to private persons whether caused by either department responding within the parameters of this Agreement. Provided, however, nothing contained herein shall expand the immunity of a party granted to it by law. Each party waives all claims against the other party for compensation for any property loss or damage, and/or personal injury or death occurring as a consequence of any negligent acts, conduct, instructions or commands given by the individual that assumes command (Incident Commander) at any Structure Fire. This provision shall not apply to any acts, conduct, instructions or commands given by an officer in the capacity of Incident Commander, which are later determined at any time to have been grossly negligent, willful, wanton or reckless. 8. AGREEMENT NOT FOR BENEFIT OF THIRD PARTIES. This Agreement shall not be construed as or deemed to be, an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. Any services performed or expenditures made in connection with this Agreement by either party hereto shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the jurisdiction which are situated within the respective jurisdictions defined herein. 9. TERM. This Agreement shall commence upon execution of this Agreement by both parties, and shall remain in full force and effect unless terminated as provided herein. This Agreement may be terminated without cause by either Department upon written notice of termination given to the other party at Ieast thirty (30) days in advance of the effective date of termination. Notice of termination shall be personally served or mailed, postage prepaid to the address designated beneath the signature of the parties hereto; or to such other address as may be designated by written notice. 10. AMENDMENTS TO AGREEMENT. 10.1 This Agreement contains all of the terms and conditions agreed to between the parties. Except as otherwise specified, this Agreement shall not be amended or altered without the written consent of the parties. 10.2 Any such amendments shall be mutually agreed upon and require the written consent of the governing bodies of the parties. 11. EXCLUSIONS. Any requests for aid not covered in this Automatic Aid Agreement shall be handled under the day-to-day Mutual Aid Agreement. 12. PRIOR AGREEMENTS. This Agreement supersedes any other previous Agreements, either written or verbal, that may have existed to define the response of the two fire departments in this area. CITY OF JEFFERSON, MISSOURI OSAGE FIRE PROTECTION DISTRICT Carrie Tergin, Mayor Presiden ayor 5 Date: Date: I ZZ Chief Chief ATTEST: APPROVED AS TO FORM: City mey x W s airAl u C O i NEL LL � a o� u " o n. C a) tic LL O to N N Y M C v O0 O E A CO M -0 (U Q -0 E 0 t O O M CL = =3 a) ]C Q Q 0 �•` . ;'�A� it It,�^ :f� i.'i+'! � ��\�i r.r •