HomeMy WebLinkAbout2013 17_Mutual Fire & EMS Agreement_2013.10.01CITY OF OWASSO, OKLAHOMA
RESOLUTION NO. 2013-17
A RESOLUTION OF THE CITY COUNCIL OF OWASSO, OKLAHOMA AUTHORIZING
MUTUAL AID AND ASSISTANCE AGREEMENT(S) FOR FIRE AND EMERGENCY MEDICAL
SERVICES WITH OTHER COMMUNITIES AND/OR AGENCIES.
WHEREAS, the Oklahoma Statute Section 11-14, et. seq., provides that public agencies
may enter into agreements for joint operation or cooperative action; and
WHEREAS, Part 13, Section 13-220 of the Charter of the City of Owasso authorizes the City
to enter into agreements with various public agencies; and
WHEREAS, the Owasso Fire Department further recognizes the need to establish
partnerships for mutual aid and emergency assistance from other communities and or agencies
to provide the community the fire and medical services needed to maintain the highest level of
care and quality of services;
WHEREAS, the City Council of the City of Owasso has determined that such agreements
are in the best interest of the community.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OWASSO,
OKLAHOMA THAT: The City Manager shall have the authority to establish and enter into the
Mutual Aid and Assistance Agreement (Exhibit A) between the Owasso Fire Department and
other communities/agencies.
APPROVED AND ADOPTED this 151 day of October, 2013 by the City Council of the City of
Owasso, Oklahoma.
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,ATTEST f' orrrrTAL p'
Bishop,
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APPROVED AS TO FORM:
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J ie Trout Lombardi, City Attorney
MUTUAL Alit AND ASSISTANCE AGREEMENT
This Mutual Aid and Assistance Agreement is entered into by and between the CITY
OF OWASSO, OKLAHOMA, a municipal corporation organized and existing under
the laws of the State of Oklahoma, "First Party" hereinafter, a nd the City/town of
, a municipal corporation organized and existing under the laws
of the State of Oklahoma, "Second Party" hereinafter.
WHEREAS, 74 O.S. 1008 and 1 1 O.S. § 29-105 authorizes this Agreement and each
municipality is securing the benefits of mutual aid in the protection of life and
property from fire, and in the firefighting, and emergency medical
services/ambulance services („EMS").
NOW, THEREFORE, the parties agree to the following provisions:
TERM:
1.) This Mutual Assistance Agreement shall be effective on the day of
2013, and shall terminate on June 30, 201, unless mutually
extended and renewed by both parties.
2.) On request to an authorized representative of the First Party's Fire Department
("FD") by an authorized representative of the Second Party's FD, fire-fighting
equipment and personnel of the First Party's FD, and/or an ambulance for the
provision of EMS, will, if available, be dispatched to any location, as designated by
the representatives of the Second Party's FD, within the area for which the Second
Party normally provides fire protection and/or EMS.
3.) On request to an authorized representative of the Second Party's Fire Department
("FD") by an authorized representative of the First Party's FD, fire- fighting equipment
and personnel of the Second Party's FD, and/or an ambulance for the provision of
EMS, will, if available, be dispatched to any location, as designated by the
representatives of the First Party's FD, within the area for which the First Party normally
provides fire protection and/or EMS.
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 amount
and type of equipment and personnel requested, and shall specify the location to
which the equipment and personnel are to be dispatched, but the amount and
type of equipment and number of personnel to be furnished shall be
determined by a representative of the responding FD.
B. The responding FD shall report to the officer in charge of the
requesting FD at the location to which the equipment and personnel were
dispatched, and shall be subject to the orders of that officer in charge. In the event
a request is made to respond to a location where the requesting FD is not present
when the responding FD arrives at the scene, then the responding FD shall be in
charge of the fire scene and shall take any steps necessary to fight the fire, or
provide EMS.
C. A responding FD shall be released by the requesting FD when the
services of the responding FD are no longer needed at the scene of the fire, as
determined by the authorized representative of the requesting FD.
D. if the mutual aid request is for EMS, the responding party will, if an
ambulance is available, dispatch an ambulance to the location that the
requesting party designates, within the requesting party's service area, either
licensed or by contract.
E. Each party waives all claims against the other party for
compensation for any loss, damage, personal injury or death occurring as a
consequence of the performance of this Mutual Aid Agreement.
F. All equipment used by each FD, will, at the time of action
hereunder, be owned by each party's FD; and all personnel acting for each party
under this Agreement at the time of such action be an employee or volunteer
member of their respective FD.
BILLING PROCEDURES.
The responding FD will not bill the requesting party for responding to any
fires, emergencies or disasters unless county, state and/or federal aid or resources
are received by the requesting party. If county, state and/or federal aid or
resources are received by the requesting party, the responding FD may receive
comparable reimbursement as if it were a component of the FD of the
requesting and affected party.
When providing EMS pursuant to a request for mutual aid, the responding
party shall not bill the patient treated or party responsible for the patient (parent,
guardian, etc.) over and above what is recovered from any insurance or third-party
payment mechanism, including, but not limited to, homeowner's insurance, vehicle
insurance, Medicare, Medicaid or other governmental reimbursement or insurance
program, so long as the patient treated or party responsible for the patient is a
paying subscription member, whether by paying annual dues or payment by ambulance
fee on a utility bill, to the requesting party. The responding party shall be entitled to bill
any third-party insurers or government programs for services rendered as set forth above.
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TERMINATION:
This Agreement may be terminated at any time by either party with or
without cause upon tendering in writing, notice of such termination thirty (30) days
prior to the effective date of such termination.
NO THIRD PARTY BENEFICIARIES:
It is not the intent of the parties to this agreement to create any rights in any
third parties.
AUTHORIZED REPRESENTATIVES:
The Chief of the Fire Department of each entity to this Agreement shall be an
authorized representative of such Department and may designate subordinates in his
Department as he determines necessary to act as an authorized representative in his
absence. Each Fire Chief shall provide his counterpart with a list of authorized
representatives together with contact information.
NOT ASSIGNABLE:
hereto.
This Agreement is not assignable without the written consent of both parties
EXECUTION OF AGREEMENT:
This Agreement shall be executed in duplicate, each copy of which shall be an
original. Copies of the fully executed Agreement shall be valid as an original.
EFFECTIVE DATE:
This Agreement shall be effective upon the execution of both parties hereto.
AMENDMENTS:
This Agreement may be amended only by a written instrument executed by
both parties hereto.
CAPTIONS:
The captions, titles and headings contained herein are for convenience of
reference only and shall not control the interpretation of any provision hereof.
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INTERPRETATION:
When any word in this Agreement is used in the singular sense, it shall include
the plural, and the plural, the singular, except where a contrary intention plainly is
shown. When any word in the Agreement is used in the masculine, it shall include
the feminine, and the feminine, the masculine, except where a contrary intent
plainly is shown.
PRESERVATION OF DEFENSES AND RIGHTS:
Neither party hereto waives any defenses, rights or remedies available
pursuant to the Government Tort Claims Act (51 O.S. § 151, of sea.), common law,
statutes, or the Constitution of the United States of America or the State of
Oklahoma.
WHOLE AGREEMENT:
It is mutually understood and agreed by the parties hereto that this
Agreement contains all of the terms, covenants, stipulations and provisions
agreed upon by said parties, and this Agreement may not be amended except as
provided herein.
RENEWAL:
This Agreement may be renewed under the same terms and conditions, unless
mutually modified, by both parties to this Agreement, on or before June 30th of each
successive year.
Approved this day of _ 20 , by the City Manager of the
City of Owasso, Oklahoma.
"First Party"
CITY OF OWASSO
By.---
Warren Lehr, Interim City Manager
ATTEST:
Shelly Bishop, City Clerk
Approved as to form and legality:
Julie Trout Lombardi, City Attorney
Approved this day of , 20_V, by the Authority of City
Council/Board of Trustees of the City/Town and/or Agency of
"Second Party"
By:_
ATTEST:
Approved as to form and legality:
T})e City Wit out limits.
Coosa
\y,1 ~ ~
TO: The Honorable Mayor and City Council
City of Owasso
FROM: David Hurst
Deputy Eire Chief
SUBJECT: Mutual Aid Agreements
DATE: September 27, 2013
BACKGROUND-
The possibility of fires, disasters and call volume that overwhelm the local emergency response
resources must always be considered by administrators of emergency services. All jurisdictions
rely, to some extent, on mutual aid from surrounding areas to provide resources on an
emergency basis. Most fire and emergency medical service (EMS) departments have rendered
mutual assistance to other departments in tunes of need. Mutual aid agreements do not reduce
the responsibility of each jurisdiction to maintain adequate resources to handle normal
emergency situations. A mutual aid agreement is a formal relationship in which the reciprocity of
services is made available between both parties, when necessary to mitigate an emergency
that has exceeded the capability of jurisdictional resources.
Typically, within a mutual old agreement emergency resources are shared between jurisdictions
without the exchange of funds for services rendered, since both agencies at some time within
the agreement's performance period will reciprocate emergency services.
Although, there are no current formal mutual aid agreements in place with the City of Owasso,
mutual aid is received and given between the City of Owasso Fire Department and area fire
and EMS agencies.
AGREEMENT REVIEW:
Staff has reviewed several mutual aid agreements, The attached agreement contains wording
of a typical mutual aid agreement, without cost to the agency requesting assistance and
without a direct cost to patients of EMS services. The requested jurisdiction may seek
comparable reimbursement if the requesting jurisdiction receives county, state and/or federal
aid or resources for the requested response of assistance. Emergency Medical Service (EMS)
pursuant to a request for mutual aid, the responding jurisdiction shall not bill the patient treated
or the party responsible for the patient being treated over and above what is recovered from
insurance or third-party payment mechanisms.
RESOLUTION:
Resolution No. 2013-17 would authorize the City Manager to execute mutual aid agreement) for
fire and emergency medical services with other communities and/or agencies.
RECOMMENDATION:
Staff recommends City Council approval of Resolution No. 2013-17 authorizing the City Manager
to enter into Mutual Aid and Assistance Agreements for fire and emergency medical services
with other communities and/or agencies.
ATTACHMENT:
A. Resolution No. 2013-17