09-22-25 - City Council Agenda - Laserfiche WebLink

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Procedure: 1. Request for Assistance. Whenever, in the opinion of the Requesting Official, there is a need for assistance from other Parties, the Requesting Official may call upon the Responding Official of any other Party to furnish assistance. 2. Response to Request. Upon the request for assistance from the Requesting Party, the Responding Official may authorize and direct its personnel to provide assistance to the Requesting Party. Whether the Responding Party provides assistance and, if so, to what extent shall be determined by the Responding Official. 3. Recall of Assistance. The Responding Official may at any time recall such assistance when in his or her best judgment or by an order from the governing body of the Responding Party, it is considered to be in the best interests of the Responding Party to do so. 4. Command of Scene. The Requesting Party or their designee shall be in command of the emergency scene. The personnel and equipment of the Responding Party shall be under the direction and control of the Requesting Party or their designee until the Responding Official withdraws assistance. In the event an emergency occurs in or crosses the boundaries of more than one jurisdiction, a joint command of the affected jurisdictions should be established. Charges to the Requesting Party: 1. Subject to the terms below, the Requesting Party agrees to compensate the Responding Party as outlined in this Agreement. The charges incurred by the Requesting Party will include the actual costs of salaries, overtime, materials, supplies, and other necessary expenses. Equipment cost will be at the rates specified in Appendix B. 2. A Responding Party shall not charge for assistance provided to the Requesting Party of this Agreement for the first twelve (12) hours of such assistance. If assistance provided under this Agreement continues for more than twelve (12) hours, the Responding Party may submit to the Requesting Party an itemized bill for the actual cost of any assistance provided after the initial twelve-hour period, including salaries, overtime, materials and supplies and other necessary expenses; and the Requesting Party will reimburse the party providing assistance for that amount. Such compensation is not contingent upon the availability of federal or state government funds. 3. Invoice to the Requesting Party. Within ninety (90) days of the return to the home work station of all labor and equipment of the Responding Party, the Responding Party shall submit to the Requesting Party an invoice of all charges for assistance provided under this agreement as described in paragraph 2 above. Payment of any undisputed amount shall be paid to Responding party within 30 days. Discretionary Assistance: 1. Providing assistance is entirely at the discretion of the Responding Party. The agreement to provide assistance is expressly not contingent upon a declaration of a major disaster or emergency by the federal government or upon receiving state or federal funds. 2. It is the express understanding of the Parties that the first priority of the Responding Party's fire department personnel is to provide fire protection within its respective jurisdiction. It is understood that the assistance contemplated in this Agreement shall be provided only if the fire department personnel requested to provide assistance can provide such assistance without jeopardizing the fire protection services within its respective jurisdiction. 3. This Agreement is intended to authorize requests for assistance only in emergency or other specifically requested situations. Nothing in this Agreement shall be construed as authorizing request for assistance for routine activities. Workers' Compensation: Each Party shall be responsible for injuries or death of its own personnel. Each Party will maintain workers' compensation insurance or self-insurance coverage, covering its own personnel while they are providing assistance pursuant to this Agreement. Each Party waives the right to sue any other Party for any workers' compensation benefits paid to its own employee or volunteer or their dependents, even if the injuries were caused wholly or partially by the negligence of the other Party or its officers, employees, or volunteers. Page 217 of 228