HomeMy WebLinkAboutMUTUAL AID AGREEMENT WITH HARLEM, GA TO PROVIDE PROTECTION OF LIFE AND PROPERTY OF THE CITIZENS OF AUGUSTA-RICHMOND COUNTY, GEORGIA AND HARLEM, GEORGIA AUGUSTA, GEORGIA AND HARLEM, GEORGIA
MUTUAL AID AGREEMENT
This Agreement, (the "Agreement"), made as of this("day ofS2016, (the
"Effective Date") by and between AUGUSTA, GEORGIA,the consolidated government of
Richmond County and the City of Augusta, a political subdivision of the State of Georgia,
acting by and through its duly elected Board of Commissioners (hereinafter referred to as
"AUGUSTA", and HARLEM, GEORGIA, a political subdivision of the State of State of
Georgia, acting by and through its duly elected City Council (hereinafter referred to as
"COUNCIL". Augusta and Harlem are each sometimes referred to herein as a "Party" to
this Agreement and may be jointly referred to as the "Parties".
WITNESSETH:
WHEREAS,Augusta and Harlem have certain contiguous boundaries; and,
WHERAS,Augusta and Harlem each maintain and staff a fire department for the purpose
of fire suppression, protection,prevention, rescue and emergency medical assistance and
response to other local emergencies; and
WHEREAS,Augusta and Harlem have determined that it is to the mutual advantage and
benefit of each Party that they render supplemental fire suppression,protection,
prevention, rescue and emergency medical assistance and response to other local
emergencies to the other Party in the event of a fire or other local emergency, and that the
parties take part in joint training exercises; and,
WHEREAS,it is the desire of the parties to enter into this Agreement for mutual aid
pursuant to the Georgia Mutual Aid Act, O.C.G.A. Section 36-69-1, et. seq. and pursuant
to the 1983 Constitution of the State of Georgia, Article,IX, Section II, Paragraph 3.
NOW THEREFORE,in consideration of the mutual covenants contained herein, and for
other good and valuable consideration, the Parties hereto agree as follows:
1. MUTUAL AID.
(a) The generally available level of mutual aid shall be as agreed upon by the Fire
Chief of Augusta, (the"August Fire Chief") and the Fire Chief of Harlem (the
"Harlem Fire Chief"). The Party furnishing aid shall determine the actual
amount of equipment and staff it will make available to each instance of
emergency based on the available personnel and equipment and location
conditions at the time of the emergency.
(b) Aid actually furnished may be recalled at the discretion of the Augusta Fire
Chief or the Harlem Fire Chief as the case may be or by the designee of the Fire
Chief of the Party furnish the aid.
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(c)The Parties will participate in joint training exercises to promote a basic
standardization of the operations and philosophy to the extent necessary as
determined and agreed upon by the Augusta Fire Chief and Harlem Fire Chief.
2. SUPERVISION.
(a) The Parties shall create and agreed-upon Incident Command System ("ICS")
which shall direct the handling of all incidents.
(b) When the furnishing Party's Chief Officer arrives before the Chief Officer of the
receiving Party,that officer shall coordinate and give general directions as to the
work to be done. This Chief Officer of the furnishing Party will be in command
until properly relieved by the Chief Officer of the receiving Party.
(c) Personnel from the furnishing Party will work under their own supervisors and
with their own equipment except as provided in paragraph 1 (a) above.
(d) The appropriate officers of the receiving Party will give direction regarding
work to the Chief Officer of the furnishing Party except as provided in
paragraph 2 (a) above.
(e) Each Party agrees that it will be responsible to provide any backup coverage
necessary for its own operations.
(f) The receiving Party will be responsible for providing gasoline, diesel fuel, oil and
other material as needed for the use of equipment at the scene of the incident or
in the alternative, may submit payment to the furnishing Party for such
materials provided by the furnishing Party.
3. LIABILITY.
(a) The provisions of this Agreement shall not be construed as creating a duty or
any liability on the part of either Party to this Agreement to respond to an
incident within the jurisdiction of the receiving Party. The Fire Chief of the
Party being asked to furnish aid shall have the sole discretion to determine is
such aid shall be furnished to the other Party.
(b) There shall be no liability imposed on any Party or its personnel for failure to
respond to any incident pursuant to this Agreement.
(c) No employee or volunteer of a Party shall be deemed to be an employee,
volunteer or agent of the other Party because of any action or incident arising
pursuant to this Agreement.
(d) All damages or repairs to any equipment or apparatus shall be the responsibility
of the owner of such equipment or apparatus.
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(e) Any damage or other compensation which is required to be paid to any
employee or volunteer by reasons of an injury occurring while providing
services pursuant to this Agreement shall be the sole responsibility of the Party
for whom such injured person is serving as an employee or volunteer.
4. CONSIDERATION AND COMPENSATION.
(a) No Party is required to pay any compensation to the other party for services
rendered pursuant to this Agreement.
(b) The mutual advantage and protection afforded by this Agreement is adequate
consideration to each Party.
(c) Each party to this Agreement shall comply with worker's compensation laws of
the State of Georgia, without any cost to the other Party.
(d) Each party shall pay its own personnel and other costs without cost to the other
Party except as provided in paragraph 3 (e) of this Agreement.
5. RELEASE OF CLAIMS.
Each Party agrees to release the other Party from any and all liability, claims,
judgements, costs, or demands for damage to its Property or for personal injury to
its personnel,whether directly arising or indirectly arising out of the use of any
vehicle, equipment, or apparatus by the other Party during the provision of service
pursuant to this Agreement.
6. THIRD-PARTY BENEFICARIES.
This Agreement shall not be construed as, or deemed to be, an Agreement for the
benefit to any third-party or parties, and no third-parties shall have any right of
action hereunder for any cause whatsoever.
7. TERM OF AGREEMENT.
Unless otherwise extended or shortened in writing by all parties, this Agreement
shall expire five (5) years from the Effective Date of this Agreement. In no event
shall this Agreement extend for more than five (5) years from the Effective Date of
this Agreement. This Agreement may be unilaterally terminated by either Party
upon sixty (60) days prior written notice to the other Party.
8. STANDBY OF EQUIPMENT—MUTUAL AID.
(a) Each Party agrees and acknowledges that it will be the responsibility of each
party to provide back-up coverage necessary for its own operation.
(b) In the event that a receiving Party has dedicated a major amount of fire
suppression or specialized equipment on an incident, the receiving Party may
request aid to cover vacant areas by locating personnel or equipment of the
furnishing Party in the receiving Party's jurisdiction.
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9. ENTIRE AGREEMENT.
(a) This Agreement shall constitute the entire Agreement between the Parties and
no modification thereof shall be binding unless evidenced by an amendment to
this Agreement or a subsequent signed written agreement.
(b) This Agreement shall be the sole instrument for the provision of emergency fire
suppression,protection, prevention and rescue and emergency medical
assistance and response to other local emergencies between the Parties.
10. SEVERABILITY OF TERMS.
In the event any part or provision of this Agreement is held to be invalid, the
remainder of this Agreement shall not be affected thereby and shall continue in full
force and effect.
11. GOVERNING LAW.
This Agreement shall be governed in all respects by the laws of the State of Georgia.
12. CONSTRUCTION.
Nothing in this Agreement is intended to or shall be construed as modifying the
respective rights and obligations of the Parties under a mutual aid agreement as
specifically provided by the Georgia Mutual Aid Act.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed in
three counterparts, each to be considered as an original by their duly authorized officers.
AUGUSTA, GEORGIA. HAR , •RGIA.
BY: TICCA-f-- -----)
BY: KIA LL1
HARDIE DAVIS, JR. ' . V IMMO
MAYOR,AU USTA, GA "4 \ : MAY•R, HARLEM, GA
ATTEST: I /1.�;,� it/i ', ` , � V ATTEST: A `' i L .
CLERK C ` +s'' irl OF , : '� ; CITY DM ISTRATOR'
CONMISSI� $OF AUGU t41A. HARLEM, GA.
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