HomeMy WebLinkAboutFire-Mutual Aid/Appleton
FIRE SERVICE MUTUAL AID PACT
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The City of Oshkosh Fire Department AND City of Appleton Fire Department
City, Village or Town City, Village or TOWIl' "
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STATEMENT OF PURPOSE: It is the purpose of this agreement to provide extended emergency response
capabilities in the participating municipalities; Reliance on mutual aid under this agreement isnotintended to
be a substitute for maintenance of an adequate level of emergency response capability that shall enable each
participating municipality to meet its normal fire service needs.
This agreement is entered into by and between the communities of:
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The City of Oshkosh, Wisconsin and the City of Appleton, Wisconsin, and shall be bilat~râllybindingupon
each of the parties, and is entered into pursuant to ,the authority granted under Wisconsin~StàtútešSection
66.0301 providing for intergovernmental cooperation. This agreement shall become effective on the datean
executed copy hereof is filed in the office of the Municipal Clerks of the respective parties.
OPERATION: Each member municipality hereby authorizes their Fire Chief to request and afford mutual aid
from and to other pact members when properly requested. In the absence of the fire chief, the departmental
personnel are. authorized to act employing the appropriate chain of command. The chief electeclofficial (Le.
Mayor, Village President and Town Chairperson) will be notified when feasible, by the properauthorities.
RULES AND REGULATIONS for the technical operation of this pact shaH be as follows andshclllbê,adhered
to by member Fire Departments under the direction of their Fire Chiefs. ' ,
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A. Provided that nothing so written in the rules and regulations shall in any way require a pactmérnberto .é3.t
any time materially impair the service necessary for the protection of theirjndividué3.1 municipalities.
(Right of Refusal) " ,',' "',, ' ',,'
B. The municipality requesting mutual aid shall be legally responsible for the acts of the fire fighters"',
responding officially to a request for mutual aid while they are performing duty in the aidedcOmml,mity.
"Performing Duty" shall include any movement of any equipment or use of material within the
boundaries of the aided community. ' ,
C. Responding or Aiding fire departments shall be responsible for the acts of their memb~rs enroute to or
returning from the emergency in all other localities or places, other than within the boundàri~sof the aided
community.
D. No signatory shall be held liable to another signatory for damages, loss of equipment, injury to personnel..
or payment of compensation arising as a result of assistance rendered under the terms. of this agreement;
1. Provided; however, that if the equipment or property of a. signatory is damaged ord~stroyed by the
willful, wantOn or reckless conduct of another signatory, its agent or employees, thesighátöryresþÒnsible for
such misuse and/or injury shall be responsible for damages therefrom. ' , ' '
2. Provided that, a requester of mutual aid assistance shall' assume respOnsibiHtyforlhecÓntinued
provision of such expendable supplies and resources, (e.g. motor fuel, foam, hazardous material sLJpplies) as
may be necessary, to all responding agencies during the course of the ,mutual aid request.
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3. Provided further, that all parties shall exercise due diligence in returning lost or forgotten eqUipment
or material to the rightful owner.
E. Responding or Aiding departments shall provide units that are adequately staffed and equipped.' Exceptas
otherwise provided, aiding departments shall respond in authorized and official fire department vehicl~s.
F.lf a member of a fire department is killed or injured while officially. "responding to"or"returningfrorn" or
"acting at" the emergency under this mutual aid agreement the department of which he/shEris~membershall
grant him/herthe same compensation and insurance benefits that it would if the èmergencywete.ln his/her
community. ' , '" '
G. When requested by a responding or aiding department, directions to the scene shall ,be. provided by the
aided department to lead units inside the boundaries of the aided community. "
H. When filling a station, the requesting Fire Department shall provide an officer to respOlldonthe apparatus.
I. The Chief of the Fire Department, or his/her authorized assistant that made the request for aid, shall
assume full charge of the operations. However, the apparatus, personnel, equipment and ffií3terial of any
department rendering assistance, shall be under the immediate supervision of and shall be lheimmediate
responsibility of the officer in command of the responding apparatus rendering assistance.
J. Each member Fire Department shall file with the other participating Fire Chiefs a form mutually develÓpedto
provide the following:
1. Names of Chief and others in charge.
2. Business numbers of departments, if available.
3. A list of any or all equipment available for mutual aid.
4. A copy of the department personnel rostershowing thechain-of-command. " "
5. Within the first month of each new year the chief of each member department shall prov.idemember
departments with updated ' ,',
a. maps of their community
b. lists of available equipment
c. personnel rosters showing chain-of-command
All of the requirements with the exception of the map should be submitted on a mutually accepted form using
a standard format known as a resource composite sheet. .
K. Member departments utilizing water from other member communities' fire hydrants shallimrnediately notify
that communities water authority and provide an estimate of volume drawn within seven days of such usage,
to assure compliance with Wis. Adm. Gocl~ § PSG 185.31. '
The Fire Chiefs of the various signatories are hereby authorized to further enact the details of this pact for
efficient day-ta-day operation.
This pact shall supersede all other previous mutual aid pacts for fire services entered into
signatories.
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, TERMS OF AGREEMENT: This agreement shall remain in force and effect until canceled by filing with the
affected municipalities of a cancellation notice approved by the governing body of the withdrawing unit of
government and signed by its highest ranked elected, official (i.e. Mayor, Village President or Town
Chairperson). Cancellation shall become effective thirty (30) days after the transmittal of such notice.
BE IT RESOLVED:
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That this Mutual Aid Pact is hereby approved and the rights and duties therefor are hereby assumed
and accepted, subject to the terms and conditions herein before set forth.
2.
The Fire Chiefs of the respective signatories are hereby authorized and directed to do and perform the
necessary acts to fulfill the obligations of this agreement.
3.
The Mutual Aid Pact shall be reviewed by the respective Fire Chiefs every three (3) years.
COMMUNITIES:
AND
CITY OF OSHKOSH
CITY OF APPLETON
City, Village or Town
Approved as to Form
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Municipal Fire Chief
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February 11,2005
Date of Signing
H:\Word\Administration\Mutual Aid Pact - City of Oshkosh and City of Appl$>n Fire Departments - September 2004.doc