Municipality of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
[Adopted 3-7-2005 by Ord. No. 2005-4]
A. 
The Town Council of the Municipality of Kingston does hereby adopt an ordinance approving the attached mutual aid agreement with the City of Wilkes-Barre.
B. 
The execution of the attached agreement by the Mayor and Secretary of the Municipality of Kingston is approved.
A. 
The parties hereto agree to allow their individual fire departments to provide fire protection in the form of assistance to other municipalities who are parties to this agreement and their fire departments, in accordance with the terms and conditions set forth herein. The parties hereto agree to allow their fire departments to provide apparatus and manpower for this purpose when requested to do so by any party hereto, who may be in need of such service. Services of this type shall only be provided when requested by the senior or officer of record of the municipality's fire department requesting such mutual aid.
B. 
Command authority.
(1) 
The fire chief and/or the most senior fire department officer representing the fire department to which mutual aid is being furnished shall be in charge of all fire emergency operations within his or her municipality. Any fire department initiating response to another municipality shall be under the direction of the officer in charge of the emergency operations to which they are responding during the course of rendering the requested assistance.
(2) 
It shall be the responsibility of the officers of each municipal fire department to determine numbers and types of apparatus that shall respond when requested, as well as on what types of emergency calls. These officers shall also be responsible to notify those fire departments that they earmark to provide mutual aid, in writing, of their responsibilities and duties in responding to mutual aid assistance requests.
C. 
Compensation and insurance.
(1) 
The parties hereto agree to provide workers' compensation, or other sufficient insurance to cover their own fire fighters as they undertake fire fighting operations within and without their municipalities under the terms of this agreement. Mutual aid responses made by fire departments under this agreement shall be recognized as authorized responses of the fire departments by their municipalities. Municipalities who are parties to this agreement shall also provide errors and omissions insurance coverage for the officers and members of their individual fire departments.
(2) 
The parties hereto further agree to furnish adequate liability insurance to cover their fire department personnel and apparatus during responses to mutual aid assistance requests. Municipalities receiving mutual aid pursuant to this agreement are relieved of any liability incurred by fire companies other than their own. No party hereto shall be required to reimburse another municipality or its fire department for operating expenses incurred for mutual aid responses.
D. 
Effect of agreement. The parties hereto agree to bind themselves to the terms of this agreement. No legal liability shall be imposed upon the said parties, or their fire departments, except those concerning compensation, liability and other insurance set forth in Subsection C herein.
E. 
Term of agreement. This agreement shall be effective upon approval, as evidenced below, by the authorized officials of the respective parties hereto, and shall continue in full force and effect until terminated. Any party wishing to terminate their involvement in this agreement may do so by notifying all other parties hereto, in writing, of their intent to withdraw at least 90 days prior to the date of termination. Withdrawal by any party from this agreement shall not affect the responsibilities and duties of the remaining parties hereto. Upon withdrawal, no mutual aid assistance shall be provided to or by any party, pursuant to this agreement, after said party has withdrawn from this agreement.