MULTNOMAH COUNTY FIRE DEFENSE DISTRICT

MUTUAL AID AGREEMENT

 

1.0  INTRODUCTION

 

 WHEREAS, certain disasters have the potential of overwhelming the capacity of any community to effectively respond to such emergencies, and;

 

 WHEREAS, the parties desire to combine and coordinate resources for responses to such disasters occurring in Multnomah County,

 

 NOW, THEREFORE, under the authority of ORS Chapter 190, it is agreed between the parties as follows:

 This Agreement shall be effective on the date signed by at least two parties, and shall be effective as to each additional party as provided in Section 18 of this Agreement. The Agreement is entered into for the purpose of securing to each party periodic emergency assistance for response to overwhelming emergencies resulting from any cause.

 

2.0  AUTHORITY

 This Agreement is entered into under the authority granted to the parties by their respective charters and/or Oregon Revised Statutes (ORS). Further, ORS 190.010 authorizes units of local government to enter into written agreements with any other units of local government for the purpose of any and all functions and activities that the parties to the agreement, its officers or agencies, have authority to perform, and ORS 190.110 authorizes units of state and local governments to enter into agreements with each other to cooperate in the performance of their duties. Additionally, ORS 401.270 authorizes the Director of the Office of Emergency Management to develop comprehensive statewide plans for the protection of life and property during disasters, and ORS 401.480 authorizes state and local governments to enter into cooperative assistance agreements with public and private agencies for reciprocal emergency aid and resources. This Agreement is intended to be consistent with, and supportive of, such state contingency plans.

 

3.0  SCOPE OF AGREEMENT

 This Agreement, being in conformance with the Oregon Fire Service Plan as adopted by the State Fire Marshal, shall include the following types and kinds of mutual aid assistance, and operating terms and conditions.

 

A.  OPERATION OF THE FIRE DEFENSE BOARD. The member agencies of the Multnomah County Fire Defense Board agree to the conditions that follow in preparation for large-scale emergencies, or simultaneous emergencies, requiring the utilization of multi-jurisdiction forces for containment, suppression, or mitigation.

 

1.  The Multnomah County Fire Defense Board shall

Function as an active body under bylaws and rules as are necessary and adopted by it. It shall select a Fire Defense Chief for taking official action under the terms of the Oregon Fire Service Plan.

 

2.  The Fire Defense Chief, or any member of the Fire Defense

Board assuming the duties of the Fire Defense Board Chief, may also be called upon to staff the Multnomah County Emergency Operations Center to represent fire jurisdiction interests in incident mitigation.

 

3.  The Fire Defense Chief, or any member of the Fire Defense

Board assuming the duties of the Fire Defense Chief, may direct the resources of any member of the Multnomah County Fire Defense District for incident mitigation anywhere in the County, or as empowered by the Oregon State Fire Marshal’s Office for non-county incidents.

 

4.  The Fire Defense Chief, or any member of the Fire Defense

Board assuming the duties of the Fire Defense Chief, has the authority to prioritize incidents within the County. Nothing in this Agreement shall abridge the right of a local jurisdiction to limit the movement of its resources beyond its boundaries so that at all times a reasonable level of protection is maintained within its boundaries.

 

5.  Each of the undersigned local fire services hereby authorize

the Multnomah County Fire Defense District to enter into mutual aid agreements with adjacent Fire Defense Districts, provided the agreements are in substantial conformance with the attached Exhibit A. Upon exercise of a mutual aid agreement between Fire Defense districts, and notification to the Fire Chiefs of the undersigned parties, the undersigned agree to comply with the direction of the Multnomah County Fire Defense District Fire Chief, and the protocols adopted by the Multnomah County Fire Defense District Board, and to provide mutual aid assistance to the signators of each Fire Defense District.

 

B.  MUTUAL AID. Each of the parties hereto shall furnish to the other party such assistance as may be deemed necessary by the person in charge of the incident or in command of personnel and equipment at an incident in the jurisdiction where such incident occurs.

 

1.  Provided, however, that this Agreement shall only apply

 within the jurisdiction of the participating political subdivision. Only such personnel and equipment shall be dispatched to assist as, in the opinion of the fire chief providing assistance, may be spared without unreasonably reducing the level of protection within his/her jurisdiction, and provided further that the fire chief may refuse a request for assistance if necessary to comply with any limitations on the use of dedicated funds by that agency.

 

2.  It is agreed by the parties hereto that mutual

aid assistance, when sent, shall be dispatched promptly and that first response by the jurisdiction requesting assistance shall not be a prerequisite to a request for assistance under this Agreement.

 

3.  The parties hereto agree through their respective

departments to cooperate in setting up a move-up or dispatching system in order to provide a quick and adequate response of personnel and equipment as the situation warrants.

 

4.  Subject to Paragraph No. 3(b)(1), minimum requirements

of personnel and equipment available for assistance pursuant to this Agreement shall, generally comply with the Oregon Fire Service Plan. Other personnel and equipment minimums may be fixed by action of the Fire Defense Board. Agency fire chiefs shall provide their counterparts with written notice of any major changes in the availability of personnel and equipment.

 

5.  Failure to keep these minimum requirements by any party

shall be the basis for immediate cancellation of such nonconforming member’s rights under this Agreement. Such cancellation shall be effected by the action of a simple majority of the parties to this Agreement. The nonconforming member shall be granted the right to appear before the Fire Defense Board for the purpose of presenting its case before such action may be taken by the Board. Ten working day’s written notice of any such hearing mailed to the nonconforming party shall be deemed adequate.

3.1  INCIDENT COMMAND SYSTEM. The parties hereto agree that they shall operate in conformance with the State of Oregon incident command system as adopted by the Oregon State Fire Marshal and the Oregon Fire Chiefs’ Association for the operation of the Oregon Fire Service Plan. Such incident management shall include record keeping functions so as to document all activities performed under this Agreement including, but not limited to, the scope and extent of personnel and equipment committed, operating times, out-of-pocket expenses, and other costs which, but for the response under this Agreement, would not have otherwise been incurred.

 

3.2  SUPERVISION. When personnel and/or equipment are furnished under this Agreement, the agency having incident command responsibility for the incident shall have overall supervision of mutual aid personnel and equipment during the period such incident is still in progress. Provided, however, when officers from the requesting jurisdiction have not arrived at the scene of the incident, the commanding officer of the jurisdiction arriving first to provide mutual aid assistance shall be in command of the incident until relieved. Further, “supervision” as used in this section refers to conduct of the emergency response mission. Each person participating in the emergency response mission remains an employee of that person’s employing agency and is subject to the personnel policies solely of that employing agency.

 

3.3  EMERGENCY CONFLAGRATION ACT OF HAZARDOUS MATERIALS

 RESPONSE. It is further agreed that aid and assistance given under order of the Administrator of the State Emergency Management Division is in the event of the emergency proclamation by the Governor, or under the “Emergency Conflagration Act”; or response to hazardous material incident pursuant to the terms of a contract with the Office of the Oregon State Fire Marshal and in conformance with administrative rules regarding hazardous materials response promulgated by the Office of the Oregon State Fire Marshal and the State of Oregon, shall not be governed by this Agreement. Implementation of such aid and assistance shall conform to the Oregon Fire Service Plan, as published by the State Fire Marshal.

 

4.0  REPEAL OF OTHER AGREEMENTS. This Agreemgnet does NOT supersede or repeal any automatic aid agreements or pre-programmed first response agreements, hazardous materials response agreements with the State of Oregon, or mutual aid hazardous materials agreements with othe State Response Teams, equipment sharing agreements, such as Nuclear, Biological and Chemical agreements with the City of Portland, or emergency planning agreements. The parties to this Agreement hereby repeal all other Mutual Aid Agreements or Mutual Assistance Agreements.

 

5.0  WAIVERS

 

 5.1  GENERAL WAIVERS. Each party to this Agreement waives all claims against all other parties to this Agreement for compensation for any loss, damage, personal injury, or death occurring to personnel and/or equipment as a consequence of the performance of this Agreement.

 

 5.2  HOLD HARMLESS. Any requesting party shall, to the extent permitted by any applicable constitutional or Tort Claims Act limitation, save and hold harmless any responding party against any and all claims or actions brought against the responding party, arising out of the responding party’s efforts, except to the extent that such claims or actions arise out of any willful misconduct or grossly negligent action on the part of the responding party.

 

 5.3  WORKERS’ COMPENSATION. Each party to this Agreement agrees to provide workers’ compensation insurance coverage to each of its employees and volunteers responding under this agreement, and recognizes that although overall incident command supervision will usually be provided by the jurisdiction in which the incident occurs, supervision of individual employees will be provided by their regular supervisors. The intent of this provision is to prevent the creation of “special employer” relationships under Oregon worker compensation law.

 

6.0  REFUSALS TO PERFORM

 This is a mutual aid agreement and it is assumed that all available assistance will generally be provided.

 Nothing in this Agreement shall be construed to prevent the Chief or Commanding Officer of the fire fighting personnel and equipment of the party rendering assistance from refusing, in the exercise of his/her best judgment and discretion, to commit personnel or equipment to a position in which danger of loss of life or equipment exists. The Commanding Officer of the party furnishing aid on duty at the scene of the incident shall be the sole judgement of the extent and imminence of such danger.

 

7.0  COMPENSATION

The parties agree that the personnel and equipment available under this agreement are roughly equivalent and agree that the availability and provision of such constitute consideration under this agreement

No party to this Agreement shall be reimbursed by any other party to this Agreement for any cost incurred in the performance of this Agreement unless otherwise agreed upon.

 

8.0  TERMINATION

 Any party hereto may terminate this Agreement at any time by giving thirty (30) days’ notice of the intention to do so to any and all other parties. Such notice shall be sent to the governing body of the other parties and a copy thereof to the chief of the department of the parties notified. This agreement will remain in effect so long as there are at least two parties to it.

 

9.0  EXTRA JURISDICTIONAL OPERATING AUTHORITY

 The parties hereto recognize and agree that ORS Chapters 190, and 401 extend the powers and authorities of the Oregon local government parties herein beyond their regular jurisdictions when operating under and within the scope of this Agreement.

 

10.0  RETIREMENT SYSTEM STATUS

 The parties hereto recognize and agree that under this Agreement public employee retirement benefits and social security benefits accrue in the manner prescribed by the employee’s regular employment and are the responsibility of the regular employer as if the employee were performing the employee’s regular duties. No additional benefits arise due to participation in assistance under this Agreement.

 

11.0  ASSIGNMENTS/SUBCONTRACTS

 Except as expressly provided herein, the parties hereto recognize and agree not to assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Agreement, in whole or in part, without the prior written approval of the other parties hereto.

 

12.0  SUCCESSORS IN INTEREST

 The provisions of this Agreement shall be binding upon and inure to the benefit of all other parties to the Agreement and the respective successors and assigns.

 

13.0  COMPLIANCE WITH GOVERNMENT REGULATIONS

 Each party to this Agreement agrees to comply with all applicable federal, state and local laws, codes, regulations, and ordinances applicable to the work performed under this Agreement. The following provisions of the Oregon Revised Statutes, as applicable, are hereby incorporated by this reference: ORS 279.312, 279.314, 279.316 and 279.320.

 

14.0  SEVERABILITY

 If any provision of this Agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected; the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid.

 

15.0  AMENDMENTS

 The terms and conditions of this Agreement shall not be waived, altered, modified, supplemented, or amended in any manner whatsoever without prior written approval of the parties hereto.

 

16.0  DISPUTE RESOLUTION

 This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon as interpreted by the Oregon courts. The exclusive venue for any litigation arising under this Agreement shall be in the Circuit Court of the State of Oregon. The parties expressly waive any and all rights to maintain an action under this Agreement in any other venue and expressly consent that, upon motion of any party, any case may be dismissed or its venue transferred, as appropriate, so as to effectuate the choice of venue made in this section. However, the parties may attempt to resolve any dispute arising under this Agreement by any appropriate means of dispute resolution, except binding arbitration.

 

17.0  ADDITIONAL PARTIES

Agencies may be added to this Agreement by submitting a signed signature page to the Multnomah County Fire Defense District (MCFDD) Board. The Agency shall become a party to this agreement upon execution of the signature page by the MCFDD Fire Chief. The MCFDD Fire Chief shall notify all parties when new agencies are added.

 

18.0  SIGNATURES

The undersigned warrant and represent that they are duly authorized to bind the agency represented by the undersigned as a party to this Agreement, and that the agency represented by the undersigned is authorized to participate in and carry out the functions required by this Agreement.

All signatures shall be executed in counterparts, using the form appearing on the next page hereto or another substantially in that form.

It being the intention to avoid numerous signing of original documents, photocopies of the original documents will be prepared and delivered to each organization concerned herewith upon execution of said original documents.

SIGNATURE PAGE FOR MULTNOMAH COUNTY FIRE DEFENSE DISTRICT MUTUAL AID AGREEMENT

 

 

PARTICIPATING AGENCY

 

 

SIGNATURE

 

 

TITLE

 

 

DATE

 

MULTNOMAH COUNTY FIRE DEFENSE DISTRICT, ACTING BY AND THROUGH THE FIRE CHIEF

 

 

MULTNOMAH COUNTY FIRE DEFENSE DISTRICT, FIRE CHIEF

 

 

DATE