Section 225.100 Provision Of Fire Protection And Ambulance Services Within Various Municipalities And Fire Districts.
[CC 1976 §225.010; Ord. No. 1574 §2, 2-26-1985]
There is hereby created within and for the territory of the City of Shrewsbury an emergency management organization to be known as the City of Shrewsbury Emergency Management Agency, which is responsible for the preparation and implementation of emergency functions required to prevent injury and minimize and repair damage due to disasters, to include emergency management of resources and administration of such economic controls as may be needed to provide for the welfare of the people, and emergency activities (excluding functions for which military forces are primarily responsible) in accordance with Chapter 44, Revised Statutes of Missouri, 1978, and supplements thereto, and the Missouri Emergency Operations Plan adopted thereunder.
[CC 1976 §225.020; Ord. No. 1574 §3, 2-26-1985]
This agency shall consist of a Director and other members appointed by the Mayor, to conform to the State Organization and procedures for the conduct of emergency operations as outlined in the Missouri Emergency Operations Plan.
[CC 1976 §225.030; Ord. No. 1574 §4, 2-26-1985]
The Organization shall perform emergency management functions within the territorial limits of the City of Shrewsbury, and may conduct these functions outside the territorial limits as directed by the Governor during the time of emergency pursuant to the provisions of Chapter 44, Revised Statutes of Missouri, 1978, and supplements thereto.
[CC 1976 §225.040; Ord. No. 1574 §5, 2-26-1985]
The Director will be appointed by the Mayor, and shall serve during the pleasure of the Mayor.
The Director shall have direct responsibility for the organization, administration and operations of local emergency management activities subject to the direction and control of the Mayor or Board of Aldermen.
The Director shall be responsible for maintaining records and accounting for the use and disposal of all items of equipment placed under the jurisdiction of the Emergency Management Agency.
[CC 1976 §225.050; Ord. No. 1574 §6, 2-26-1985]
The City of Shrewsbury in accordance with Chapter 44, RSMo., and supplements thereto, may;
Appropriate and expend funds, make contracts, obtain and distribute equipment, materials, and supplies for civil preparedness purposes; provide for the health and safety of persons, including emergency assistance to victims of any enemy attack; the safety of property; and direct and coordinate the development of disaster plans and programs in accordance with the policies and plans of the Federal and State Disaster and Emergency Planning;
Appoint, provide, or remove rescue teams, Auxiliary Fire and Police personnel and other emergency operations teams, units or personnel who may serve without compensation;
In the event of enemy attack, waive the provisions of Statutes requiring advertisements for bids for the performance of public work or entering into contracts.
The Mayor of the City, with the approval of the Governor and consistent with the Missouri Emergency Operations Plan, may enter into mutual-aid agreements with other public and private agencies within and without the State for reciprocal emergency aid. The Director may assist in the negotiation of such reciprocal mutual-aid agreements.
The Mayor of the City may, with the consent of the Governor, accept services, materials, equipment, supplies or funds gifted, granted or loaned by the Federal Government or an officer or agency thereof for disaster planning and operations purposes, subject to the terms of the offer.
[CC 1976 §225.060; Ord. No. 1574 §7, 2-26-1985]
No person shall be employed or associated in any capacity in the "City of Shrewsbury Emergency Management Agency" who advocates or has advocated a change by force or violence in the constitutional form of the Government of the United States or in this State or the overthrow of any Government in the United States by force or violence, or has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is appointed to serve in an organization shall, before entering upon his/her duties, take an oath, in writing, before a person authorized to administer oaths in this State, which oath shall be substantially as follows:
"I ____________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of Missouri, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter. And I do further swear (or affirm) that I do not advocate, nor am I a member of any political party or organization that advocates the overthrow of the Government of the United States or of this State by force or violence; and that during such a time as I am a member of the City of Shrewsbury Emergency Management Agency, I will not advocate nor become a member of any political party or organization that advocates the overthrow of the Government of the United States or of this State by force or violence."
[CC 1976 §225.070; Ord. No. 1574 §8, 2-26-1985]
The Mayor is authorized to designate space in any City of Shrewsbury owned or leased building for the Local Emergency Management office.
Section 225.100 Provision Of Fire Protection And Ambulance Services Within Various Municipalities And Fire Districts.
[Ord. No. 2357 § 1, 6-10-2003]
The City of Shrewsbury Board of Aldermen hereby authorizes the Fire Chief to enter into mutual aid agreements, respectively and separately with the Cities of Berkeley, Brentwood, Clayton, Crestwood, Des Peres, Ferguson, Frontenac, Glendale, Hazelwood, Jennings, Kirkwood, Ladue, Maplewood, Olivette, Richmond Heights, Rock Hill, Saint Charles, Saint Louis, University City, and Webster Groves, and the fire protection districts of Affton, Black Jack, Chesterfield, Community, Cottleville, Creve Coeur, Eureka, Fenton, Florissant Valley, High Ridge, Kinloch, Lemay, Maryland Heights, Mehlville, Metro West, Mid-County, Moline, Normandy, O'Fallon, Pacific, Pattonville Bridgeton Terrace, Riverview, Rock Community, Robertson, Saint Charles County, Shady Valley, Springdale, Valley Park, West Alton, West Overland and West County EMS & Fire, said contract with each of said municipalities and fire districts respectively shall be effective only upon the passage and approval of a like ordinance by the legislative body of any of said cities and fire protection districts for an interchange of fire protection and ambulance assistance of the fire departments of said municipalities and fire protection districts respectively, and shall be substantially upon the conditions and provisions hereinafter contained:
It is understood and agreed that some fire departments and fire districts provide fire protection ambulance service to areas outside their geographic boundaries under contractual agreements. All of Shrewsbury shall be considered to be a part of the contracting jurisdiction under the terms of this Section.
The City shall respond to fire alarms on call or request for ambulance assistance to any part of any said cities and fire protection districts, and the fire department of any said cities and fire protection districts shall respond to fire alarms on call or request for ambulance assistance to any part of the City. The term "fire alarms on call or request" shall include rescues, move-ups and other emergency or tactical operations. This reciprocal agreement shall take effect and be in force commencing immediately upon its approval by the Board of Aldermen, and shall remain in full force and effect until terminated. This agreement may be terminated by any city or fire protection district by the passage of an ordinance so providing by the legislative body of the city or legislative body of the fire protection district. Termination by any city or fire protection district shall not affect this agreement between the other cities and fire protection districts. Notice of the passage of such ordinance shall be given by written notice to the Chief Officer of the City, cities, or district(s) in question, and the termination shall take effect 60 days from the date of service of such notice.
The consideration for the fire protection and ambulance assistance services of the fire department of each municipality or fire protection district herein mentioned shall be the service given for the protection of the lives and property in such city or fire protection district by the service of the fire departments of the other jurisdictions hereto, and no compensation shall accrue or be paid by any of the jurisdictions for the service of the fire departments of the other said jurisdiction.
None of said cities or fire protection districts shall be liable to the other for failure to respond to any call by the other of such municipalities or fire protection districts, or for delay or negligence or mistake in receiving or responding to any call, nor shall this contract be interpreted as being an agreement for the benefit of any third persons.
Neither the City nor any other of said cities or fire protection districts shall be liable by reason of this contract to any firefighter, emergency medical service ("EMS") personnel, official or employee of the other, nor shall any firefighter, emergency medical service ("EMS") personnel, official or employee of any one of the said municipalities or fire protection districts respectively be considered for any purpose a firefighter, EMS personnel, official or employee of any said city or fire protection district other than by the one by which such individual is regularly employed.
In the case of loss or damage to the equipment or property of any said cities or fire protection districts while responding to fire alarms or request for ambulance assistance, such loss or damage shall be borne by the jurisdiction owning said equipment or property.
[Ord. No. 2358 §§ 1 — 8, 7-8-2003]
Upon requests for mutual aid assistance, the requested fire service organization will send equipment, personnel, and other resources to any area within the State of Missouri; provided, however, that response is to be given only when the fire department called on for aid, in the judgment of its fire chiefs or the designated representative, can reasonably furnish such assistance without imperiling the safety of the citizens served by the fire service organization called upon for aid.
The fire service organizations, parties hereto, agree not to call for assistance unless it is of an emergency nature and the circumstances exist where the requesting fire service organization's normal resources have been significantly reduced by emergency responses.
The authority in charge of the responding organization called for assistance shall be the sole judge of how much assistance can be furnished under the circumstances of each particular case. It is agreed that the parties shall not be liable in any way to the other, or its inhabitants or any other person, firm or corporation for failure to give assistance requested.
Any dispatch of equipment and personnel pursuant to this agreement is subject to the following conditions:
Any request for aid hereunder shall include a statement of the requested resources and shall specify the location of the response.
The parties agree to operate and coordinate the emergency incident with the Missouri Division of Fire Safety and within the framework of the incident command system.
The responding party's operational units shall be under the immediate supervision of the responding party's designated representative.
A responding party shall be released by the requesting organization when, in the judgment of the incident commander, the services of the responding party are no longer needed; provided, however, it is mutually recognized that each party hereto owes its primary allegiance and service to its own citizens. Therefore, the responding party may be recalled by its fire chief or his designated representative if, in that officer's opinion, a need exists for the responding party to render services within its normal service area.
Each party, in consideration of this agreement to provide emergency assistance, does waive any and all claims against each other party hereto for damages or compensation for any loss, damage, personal injury, death, or any other matter occurring as a consequence of the performance under this agreement.
Parties to this agreement may be under obligation to reimburse the other parties for any cost or services incurred pursuant to the rendering of, or acceptance of, equipment or manpower under the terms of this agreement. The providing party may be reimbursed by the requesting party for consumables utilized at the incident.
It is recognized that the interests herein are mutual and the contract is entered into for the common good of the general public of the parties hereto, and for a strictly governmental purpose.
Any party may cancel mutual aid with the Missouri Division of Fire Safety, providing a sixty-day written notice is provided.
Parties may elect to specify additional provisions by addendum to this agreement.